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Suspended from work

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  • leemoe
    started a topic Suspended from work

    Suspended from work

    I have been suspended from work on GROSS Misconduct charge and acting Inappropriately by word of mouth (phone call) 6 days later the letter arrived and Misconduct only mentioned.
    as a zero hour contract they said they will pay me the shift I was booked to do then nothing else even tho I would of got more shifts.
    Last year I was investigated for Allegedly calling a manager 6 months previously while I was on a training course for work by someone unknown and they refused to tell me the persons name.
    The first part of the investigation they had place and time all wrong as I never attended the place and time they then changed it to a different place and time to some training I did attend by checking computers I objected but they said the person who made the allegation had got it wrong.
    The Investigation was Pushed by the area manager who is a friend of the manager I was accused of calling , 3 weeks later it was found to be inconclusive as my word against the unknown person.
    No Apology nothing only investigation over even tho it put me under a lot off stress.
    Now Iam suspended over some person accusing me of something not sure exactly what of.
    I work in a kind of halfway house with Drug users people with problems the last shift I worked I had problems with a person who I reported to my manager to have a word all incidents recorded and wrote in a log book.
    A CCTV is also in operation but my manager says it cannot be viewed only in exceptional circumstances ( I think this is ridiculous at it would clear me I believe straight away)
    I work at other places in same company and that suspension need not be necessary as I could work still and not meet any one involved but told its gross misconduct automatic suspension.
    The stress its causing me is intolerable as my father is terminally ill and suffering with dementia allso I can't cope with it and need this resolved ASAP
    I feel its Harrassment especially with first investigation which I still find astounding being six months after it supposed to have happened.

    Getting Paid is not clear as only mentioned the shift I was booked to do.
    And not telling me the extent of the charge against me letting me only guess at what it is and how long this could go on for
    Any advice please especially Pay and should they tell me full allegations
    Thanks in advance
    Tags: None

  • Ula
    replied
    So sorry leemoe to take so long to respond to your post.

    You are considered a worker as individuals on zero hours contract do not have as many employment rights as employees. As a worker you are entitled to accrue holiday hours and be paid the national minimum wage.

    In most cases zero hours contracts mean that an employer recruits a 'worker.' However, the way the relationship with that worker develops may enhance the employment status to that of an 'employee', who has additional employment rights. For example, employee status provides statutory notice rights. Developments that contribute to such a change could include subjecting the worker to disciplinary procedures or punishing them in some way if they don't accept all the hours they are offered. So, subjecting you to a suspension and investigation may start to tip the balance.

    There is an Employment Appeal Tribunal hearing from March last year (Obi v Rice Shack Ltd) which found that where the employer could not point to any conduct on the part of the individual that would have entitled it to summarily dismiss the person, they were entitled to be paid for the period of the disciplinary suspension based on the average weekly earnings.

    I would suggest that you write to your HR department, explaining that given the findings of this case you believe that you are entitled to be paid at your average weekly earnings for the period of your suspension. In regard to your employment status you may want to ask them to consider bearing in mind my point about - although you were not disciplined as a result of the investigation carried out whilst you were suspended – that you may be moving toward employee status. You may want to refer them to the link below.

    http://www.acas.org.uk/index.aspx?articleid=4468

    Leave a comment:


  • leemoe
    replied
    Well after 4 weeks I finally had the investigation meeting and received the charges against me all ludicrous and after my main witness was somehow not spoken to I asked why and it was a oversight so 24 hours later after his statement I was cleared.
    I then asked to be paid for shifts I was not able to do or put into as the shifts are given out 2 weeks in advance and due to the suspension I was unable to put in for any.
    I was told by HR as I'm on zero hour contract I'm not a employee just a worker and they did pay me for 2 shifts that I was due to work and they did not need to pay me , my understanding is I'm a employee and have the same rights as other workers I accrue holiday hours pay national insurance etc.
    I have asked for a copy of my contract signed several years ago and the second one I have signed.
    The investigation was at best poorly managed, the letter never said suspended with pay or I was not told what I was accused of till I turned up for the meeting.
    Any info on my request for pay and my status a worker or a employee would be appreciated regards

    Leave a comment:


  • leemoe
    replied
    Originally posted by Ula View Post
    Do you have a contract and if so, what does it say about suspension and whether you will or will not be not be paid? Unless an employer has a clear contractual right to suspend their employees without pay, it should pay an employee during a disciplinary suspension. Even if you are on a zero-hours contract you should be treated in the same way as regular staff. This was set out in an employment case which found that zero-hours contract staff should be treated the same as regular staff and paid during any period of suspension based on their average weekly pay.

    In regard to the letter you received it should have detailed the allegations, an explanation as to why suspension was an appropriate action by the company, an indication of how long the investigation will take and who is carrying out the investigation. You have also been told that the company may need to hold a further meeting or meetings with you as part of this investigation.
    Thanks for that.
    The letter only states Gross Misconduct the earlier verbal acting
    Inappropriately was not mentioned tho could be explained in the gross misconduct charge if I knew what it was, A meeting was scheduled but with personnel things I was in no fit state to attend and defend myself as I suffer depression which now is worse with my family problem father in hospital etc.and now this.
    The contract is Zero hours but I need to get a copy or find mine from years 7 years ago. Pretty sure it doesn't mention not getting paid, I have a couple of more shifts booked but after that I will be losing out as no one can ask me to work which means a month after this ends I will still have no work booked as its a monthly meeting to decide shifts etc.
    I am researching as best I can to find the ins and outs of this especially at this moment them refusing to look at CCTV stating only in exceptional cases will they look at that as I think it could clear me straightaway.
    Again thanks for the info

    Leave a comment:


  • Ula
    replied
    Do you have a contract and if so, what does it say about suspension and whether you will or will not be not be paid? Unless an employer has a clear contractual right to suspend their employees without pay, it should pay an employee during a disciplinary suspension. Even if you are on a zero-hours contract you should be treated in the same way as regular staff. This was set out in an employment case which found that zero-hours contract staff should be treated the same as regular staff and paid during any period of suspension based on their average weekly pay.

    In regard to the letter you received it should have detailed the allegations, an explanation as to why suspension was an appropriate action by the company, an indication of how long the investigation will take and who is carrying out the investigation. You have also been told that the company may need to hold a further meeting or meetings with you as part of this investigation.

    Leave a comment:

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