Suspension from work

[Mike2385]

I raised a grievance for breach of GDPR surrounding the confidentiality issue. This was raised on the 5th November. Nothing was looked in to for the 2 weeks prior to my investigation meeting on the 19th November as they asked me if they could approach the named people. I wouldn't have named them if they couldn't. As of yet I've heard nothing back. My union rep is on holiday all of this week too. I've spoken to a solicitor and they said theres nothing I can do until all of the internal processes have been exhausted. I'm so fed up.

[Bobby23]

I raised a grievance for breach of GDPR surrounding the confidentiality issue. This was raised on the 5th November. Nothing was looked in to for the 2 weeks prior to my investigation meeting on the 19th November as they asked me if they could approach the named people. I wouldn't have named them if they couldn't. As of yet I've heard nothing back. My union rep is on holiday all of this week too. I've spoken to a solicitor and they said theres nothing I can do until all of the internal processes have been exhausted. I'm so fed up.

I’m sorry you are going through such a hard time. I’m going through the same thing too. I was suspended on 09/10/19 and i’ve basically been ignored by my department. I’ve done nothing wrong and I feel like they are just on a witch hunt and are trying to get rid of me any way they can. I used to work for the NHS and have devoted many years to my job and have an exemplary work record but all this counts for nothing. I’m supposed to be having my investigation meeting this thursday but I want union representation in this meeting and my rep can’t make it this thursday so we’ve requested and alternate date and they are now refusing me union representation by saying they don’t recognise the union. Fighting against a massive government department like the NHS is almost impossible and they know it. I hope you get your case sorted asap.

[ULA]

Unfortunately Mike2385 there is nothing that can be done until the internal process is completed.

Maybe a polite email asking the status of your grievance may prompt some action???

[Mike2385]

Hi LBAdmin. I have received an email this morning stating that they are hoping to provide me with an outcome from my disciplinary, tomorrow. They have said that it would be done my conference call. Is this a joke. They want to give me an outcome over the phone. Can they do this??

[ULA]

Normally the outcome would be notified in writing. If they have decided to initially communicate this by conference call, then ensure that they are going to follow-up by confirming everything in writing, which should include right for you to appeal if any disciplinary action is taken.*

[Mike2385]

Good Morning.

I was given a final written warning. I am thinking about appealing the decision. Am I right in thinking that if an employer wants to give a more serious sanction upon appeal then it must be stated explicitly in the disciplinary policy that they can do this?.

Just something I read. I hope it is correct.

Kind regards

Michael

[ULA]

The ACAS guide on discipline and grievances at work, provides advice that an appeal should not result in any increase in penalty, as this may deter individuals from appealing.

The Court of Appeal in a case in 2014, held that an employer does not have the right to increase a disciplinary sanction on appeal unless it expressly provides for this in its disciplinary procedure.

However, if during the course of the appeal process, new evidence come to light that results in new or more serious allegations being made against the employee, the new allegations should not be dealt with at the appeal hearing simply by increasing the disciplinary sanction. The correct way to deal with the issue is to adjourn the appeal hearing and then commence a disciplinary investigation into the new allegations. If there is a case to answer, this should result in a new disciplinary hearing being convened.

[Mike2385]

Hi. So my suspension was lifted after I got my warning. 1 week has past and now I have been suspended again for the same reason but from different people. I literally have no idea what to do now. I told them at my previous meetings that it was a witch hunt. Seems no one believed me. There was a total lack of evidence. And now I'm allowed back to work someone or a group of people seem to not want me there.

[Mike2385]

Any suggestions would be appreciated.* Do you think its maybe time to speak to a solicitor?

[ULA]

I think a solicitor will say that you need to go through the internal process first to see what the outcome will be.

Do you know when these further allegations were made i.e. was it after your return to work or prior to your return?*

[Mike2385]

I dont know when they were made but I was suspended after my return to work. I had also received a message from a colleague the same day before I was suspended to say that she had been told other people had come forward. Do you think I should raise a further grievance for a breach of GDPR about my personal data?

[ULA]

It would be good to find out when the allegations were made, since if they were in the time period you were previously suspended and they were for the same allegation as the original one, I would question why they could not have been considered at the same time. That would mean you would not have been subjected to returning to work to almost immediately be suspended again for the same reason.

Would there have been any reason that your work colleague would have legitimately been party to the information i.e. they work in HR, they were being called as a witness etc? If not then I can see no reason for her to be aware of the new allegations and in which case the question of confidentiality around the second suspension needs to be raised.
*

[Mike2385]

I'm hoping to find out soon when they were made. It would not make sense for me to go* back on roster for them to then suspended me again a week later. It is a clear witch hunt dont you think??.
They find out that the original complaint did not get rid of me so someone decides to put in another complaint. I will raise a grievance about the breach of GDPR about my.personal date again. I raised the first issue in the 5th November and have not heard anything from it. I will take that issue forward.*

[Mike2385]

I've spoken with my union rep and hes wondering if the company are waiting for us to start a 'without prejudice conversation for settlement agreement. I have said that it's something I am seriosuly considering. But only on the terms I receive a full years wage, plus any lost earnings and compensation for the GDPR breach. Any suggestions??

[Amethyst]

How long have you worked for this employer?
What is your contractual notice period ?

I think a years salary is going to be excessive - more realistic would be to look at what you would receive for redundancy, or work out what you might be awarded should they dismiss you unfairly and you won at a tribunal. I'm sure Ula will have a better idea of a realistic starting point for calculating the figures on compromise agreements once we have the above info.