Suspension from work

[Mike2385]

Good Morning everyone.

I'm looking for some employment advice. I was suspended from work on the 17th October for gross misconduct pending an investigation. The fact find meeting for me was meant to be yesterday but this did not happen and I was not informed that it would not take place. So now I am waiting for another date but my rep is not available until at least the 19th November.

On Sunday the 27th October I was sent a text message from a colleague saying that she had been told that I had been suspended and the reason why. I was given this information 2 days prior to 2 people being interviewed for witness statements. I'm thinking breach of confidentiality.

Last night my best friend text me to say that a colleague from work, who knows his wife, had text her telling her I had been suspended and why. So this issue is now affecting my personal life.

I feel my reputation at work is now in tatters and feel like just resigning as I think it would be untenable to go back even if the investigation takes no further action.

Some huge help would be much appreciated.

Thanks in advance.

[ULA]

Sorry to hear about your situation.

Was there any reason given as to why the meeting could not take place yesterday? Was it a case of you turned up and were then told it could not take place?

It sounds from your post that you have union representation to support you which I hope is providing you with some good advice.

The only people who should be aware of what is happening are the person/s investigating, any witnesses that have been asked for a statement, your manager and HR. Anyone who is involved should have been told to treat the matter with utmost confidentiality. An investigation whilst someone is suspended is just that, no outcome or decision has been made and one result could be that the allegations of gross misconduct are unfounded and you should be able to return to work, without there being any issues with your work colleagues.

Since you have a union rep, have you let them know about the instances of people who would be unlikely to be connected to the investigation being aware that you have been suspended and contacting you directly about it? If you have not I suggest you do so as in my view they should write to the company as ask for an explanation.

I appreciate your view about returning to work if the investigation is unfounded but all I would say is do not make a hasty decision to resign now. That decision needs to be considered carefully not least understanding how easy it would be to find another job.

In terms of the allegations do you/your union rep feel that they are unfounded?

[Mike2385]

Hi and thanks for your reply.

I have raised this issue of a breach of confidentiality with HR who responded to say they will look in to the matter as they take these things very seriously.

With regards the allegations, I literally have no information other than gross misconduct. I would also like to point out that the company have mentioned numerous times that they will be 'impartial'. However, as far as I am aware the other party were not taken off roster either and have been allowed to remain at work. Doing so has hit me in the pocket financially, whilst they have been allowed to remain in their position, collecting their shift pay and other extras. So my suspension has been punitive from my perspective as these extras form part of my regular wage.

[ULA]

When you were suspended was this confirmed to you in writing? As part of this they should have provided details of the allegations which has resulted in the action to put you on suspension pending an investigation.

Not sure from your post but is someone else potentially involved in the situation? Are they potentially party to the same allegation as you are even though you appear not to be aware of what that is? If so I think your question is around the company's fairness in dealing with the situation where more than one person is involved.

Have you been suspended on your full pay?

[Mike2385]

I have been suspended on my basic pay, without the shift pay or extra that would usually make up part of my full monthly wage.

I have not been given any information other than the reason why I was suspended. I dont know who made the allegations, as far as I'm aware the other person or people have been allowed to remain at work whilst the investigation has been taking place. I feel that this is unfair as they could have interfered with potential witnesses.

[ULA]

Ok so you do know the reason why you were suspended. In which case was the other person/s also involved to the extent that you were in the events that led to your suspension? If so and you feel you are being treated unfairly you should speak with HR.

[Mike2385]

What do you mean by were they involved to the extent? The person who has made the allegations?

[ULA]

You indicated at your posts #3 & #5 that other people may have been involved in the incident or whatever it was that led to your suspension (not the person making the allegations) who may equally have the same allegations made against them and they have not been suspended so you believe you are being treated unfairly. If i have misunderstood then apologies.

[Mike2385]

Sorry, yes. I believe that whoever has made the complaint has been allowed to remain at work and feel that it is unfair as they have access to colleagues and could influence/interfere with any witnesses.

[ULA]

Thank you for the clarification. It would not be normal procedure for a person making the complaint to be suspended.

Suspension is used when an allegation of serious or gross misconduct has been made against an individual and is being investigated but not established i.e. they do not know for certain and want to find out the full facts first and from which a decision will then be made as to whether to carry out any disciplinary action will be taken. The person making the complaint is not the person under investigation with the possible outcome of facing disciplinary action so therefore they would not be suspended.

[Mike2385]

So the other person is free to remain at work, continue earning their full wage and potentially be an influence on witnesses? How is that fair? I have had the word 'impartial' thrust upon me in every letter and email and none of what appears to be happening to me is impartial. Suspension is meant to be non-punative, is it not? If this is the case I have not been able to attend someone's leaving party because colleagues have attended and I have been hit financially by the suspension. Both of which seem somewhat punative to me.

[ULA]

Yes, it is the case that the person who has made the complaint is allowed to stay at work since they are not the individual under investigation.

Unfortunately, it is normal for a suspended employee to be required not to have contact with any of their work colleagues whilst the investigation is being undertaken, hence the reason why you have probably been asked not to attend the leaving party.

In terms of your pay during your suspension then you should be being paid your contractual pay which may not include allowances that are paid in addition. So, ensure that you are getting your contractual pay whilst you are suspended.

Have you been given a rescheduled date for your fact- finding meeting? If not, then a suggestion would be to contact the person who has been liaising with you through this period and ask how soon after your union rep is available that the date can be set.

If you do have concerns about how the suspension has been handled, you need to try to resolve the matter informally first by having a conversation with a manager or HR. If the matter cannot be resolved informally, the you could make a formal complaint via the companys grievance procedure.

[Mike2385]

It appears to me that none of what has happened has been impartial. Suspension is not a 'neutral act' by any means. Being unable to attend a leaving party, which may I add was not company organised, is in a way being penalised for being suspended. Regardless of whether it is contracted or not I have been penalised financially by not being able to collect those extras which would make up my normal wage.

I have a rescheduled date of the 19th for my fact find meeting. By which time I would have been off for 4 weeks and 5 days. I dont understand how they can give me a fair meeting when the confidentiality surrounding my suspension became common knowledge 2 days prior to the last 2 witnesses being interviewed.

[Mike2385]

Can I just also ask. How important is the wording in the letters that are sent out? I received my suspension letter stating that it was due to inappropriate behaviour towards a colleague. But have since been told verbally that there is more than 1 complaint. The suspension letter does not state this. However the invite to face find states allegation(s). So I'm curious as to the wording of such documents.

[Mike2385]

I also have a further question. Witness statements were taking after I had been informed of a breach on confidentiality. I'm guessing that if this had happened during a trial etc this evidence would be inadmissible and possibly any other witness statements prior to this.