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Under Investigation Advise Needed Pls

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  • Under Investigation Advise Needed Pls

    Hi,

    I was advised of a training session last week at work that we would all be attending later that day. I completed my work as normal and on the way to the training room was told that my line manager would like a word with me. I went to see the line manager and was then taken into another room and told that they would be conducting an investigation into gross misconduct. I was asked if i would like anyone to step into the room to be with me while they asked me questions. I refused.

    My line manager then told me what the allegations were. There was one allegation and then a list of other petty allegations. The allegations i am accused of are things that my colleagues also do all the time. I told them that i thought they were singling me out and that other people did those things and that it has never been a problem before.

    The lady that was also present and taking the minutes of the meeting then shouted at me and told me to shut up and that what i had done is wrong. She also said that maybe i was their because of my bad attitude. I was shocked to say the least.

    I listened to the rest of what they had to say and responded to each point made. I was asked to then step out for ten minutes and when i came back they asked me some further questions and then told me to sign the minutes of the meeting. I was told that they would then complete the investigation and then get back to me.

    I went home and made an appointment at the doctors due to the stress and anxiety i was experiencing and contacted work to tell them that i would not be in work and handed in a self cert sick note the next day.

    A few days later my line manager called me to say that he had received the note and asked if i was off because of the meeting. I said that i was but also because of other home related issues. I informed him of my doctors appointment and the time of the appointment aswell and informed him i would call the next day and inform him of what the doctor had said and if i would be off any longer.

    I attended the doctors appointment and the doctor has signed me off work for four weeks. When leaving the doctors my phone rang and it was the lady who had shouted at me in the meeting. She informed me that i would not be receiving and company sick pay while i am absent and that she would send me this in writing.

    This is my current situation. Does anyone have any thoughts on how to proceed and what my rights are with regards to pay. I have worked there over three years and have had no other disciplinary issues.

    Thank you.
    Tags: None

  • #2
    Well, something's got on her wick hasn't it.... have you had anything to do with her before, know who she is, position in company etc ? Good gracious.

    Was there actually any allegation that could be deemed as gross misconduct ?

    The investigation isn't concluded and you haven't been suspended, dismissed or resigned so the sick pay situation remains as it was had there been no 'meeting' - what is in your contract / what do you normal get sick pay wise?

    Tagging in Ula and mariefab for some help
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Hi,

      Thanks for replying.

      The lady is the people manager i think or something to do with wages/HR.

      The investigation i believe is currently on-going as far as i know. I have not been suspended, dismissed or resigned.

      I have now found the company policy articles online through the colleague website and it appears that what i have done could be deemed gross misconduct even though i have been doing it for years and so have others. It was never a problem before and was even encouraged by previous line managers. If i had known that it could lead to gross misconduct then i would never have done it.

      With regards to sick pay the policy states that i am not entitled to company sick pay while under investigation.

      Comment


      • #4
        great people manager.... lol

        If you have your contract can you type out that clause pls.

        Presumably she realises you'll need to be paid statutory sick pay? What happens if the investigation turns up you're completely exonerated? do you get the pay back ?

        "i have been doing it for years and so have others. It was never a problem before and was even encouraged by previous line managers."

        There's other cases on here with similar issues - not my area but could it be an implied change of terms through custom and practice ... see what the experts say anyway when they come on
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #5
          With regards to CSP -

          When might Company Sick Pay (CSP) be withheld?

           If the colleague is absent from work because of illness during all or any part of a period of
          investigation into suspected misconduct (whether or not they have been suspended), whilst
          disciplinary proceedings are pending or they’re being formally performance managed.

          She told me that i will get SSP only.

          Comment


          • #6


            That clause covers them to just pay SSP in these circumstances. Email them asking when the investigation will be completed.

            Comment


            • #7
              I have spoken to my line manager and he has said that the investigation cannot complete until i return to work.

              I was also paid a couple of days ago and my wages are wrong. i am out of pocket by thirty or more hours for the month. this has happened to me before and i have been told in the past that they will pay me what they owe but i must be taxed thirty percent which i will then get back over the year. I have bills to pay. This still leaves me out of pocket because of their mistake. We have a clock-in machine by the way.

              Not sure what to do now. Please help.

              Anyone?
              Last edited by monkey17; 17th September 2018, 19:05:PM.

              Comment

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