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Suspended HMP

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  • Suspended HMP

    Hi everyone

    first time using this site so my apologies if I use it wrong.

    my OH works in a prison and was suspended a week ago under allegations he has left 11 cell doors unsecured. He told me that he is very sure he locked them, but the doors have a second latch as an extra security measure. (I won’t go into details as obviously prison security info probably shouldn’t be posted on a public forum) but essentially they were NOT unlocked, just insecure from their eyes.

    He is only five months into the job and only three weeks in this particular section of the prison. He said that he had previously asked a senior officer why those extra latches has been left open to which he replied ‘ we don’t bother with those here’ so my OH thought that this must be their protocol on this wing and didn’t bother with them either (something he says that many other officers also do). But he was then pulled into the office and suspended with pay pending investigation.

    He’s obviously devastated and thinks he may get sacked. His union rep thinks he has some good mitigation behind him such as

    - the fact he is brand new to that wing and was taking protocol from a senior officer, believing he was following orders.
    - the fact he was not given adaquete shadowing (which he is supposed to) on his first operational week as the person they assigned to him was on leave. He therefore had to wander aimlessly and ask for information from fellow officers who have clearly misinformed him.

    he’s never been in trouble before and is generally well thought of in the establishment, what do we reckon his chances are of getting away with a written or final warning instead of dismissal?

    im sure this doesn’t constitute gross misconduct but perhaps serious.
    Tags: None

  • #2
    Hi Hansoph

    The Union person says there seems to be 'mitigating' circumstances, no incidents have taken place because of the 'cell doors been insecure'. As you also say his conduct at work has been 'good', so he might get a warning. The fact that the 'cell doors been insecure' has become common practice counts in his favour, because others have been doing the same. Also all disciplinary matters can be appealed. When he has his disciplinary hearing, no doubt the Union Rep will be there.
    Last edited by echat11; 2nd July 2021, 09:26:AM.

    Comment


    • #3
      Thankyou for the reply ECHAT11

      Im hoping all those things go in our favour, apparently it’s fairly rare to get sacked for these things. My worry is if they decide to make an example of him

      Comment


      • #4
        Originally posted by Hansoph View Post
        Thankyou for the reply ECHAT11

        Im hoping all those things go in our favour, apparently it’s fairly rare to get sacked for these things. My worry is if they decide to make an example of him
        I don't know what the recruitment situation is in the prison service, but I can't imagine finding 'good' people who want to do the job is easy. So to me 'it would be self defeatist' for the prison service. Start thinking positive, remember he can appeal.

        Comment


        • #5
          Has your OH been asked to attend a meeting as part of the investigation? This will often happen and it would be at this point that he would be able to explain the "induction" that he has into the wing of the prision he is operational in, which should be considerd by the investigator as mitigation.

          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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          If you have any doubts then do please seek professional legal advice.


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          Comment


          • #6
            He has been asked to attend an interview but we have no current date as they can apparently take 28 days to investigate, he’s coming up to two weeks suspended now. Seems to be dragging forever.

            Comment


            • #7
              Suspension investigations should be completed in a timely manner, however I presume the 28 days you mention has either been communicated to your OH in the letter confirming the suspension, or it is detailed in any disciplinary policy.
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                Yeah it was in his suspension letter and in their handbook

                Comment

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