Suspended pending investigation,allegations of trying to get more commission

[Bt504]

Basically 3 weeks ago I was suspended pending an investigation into allegations by my work of trying to hid mistakes to get more commission pay
I've been at the company for 10 years.

At the investigation meeting, they pointed out 3 allegations which I don't think they've fully investigated. For 2 of the allegations, I've made an alteration to the sale which I believed to be the correct thing to do and my line manager even signed off on one of them, the investigators didn't know this and I had to email a statement after the meeting when I remembered this fact(I had no idea of the allegations when I went into the meeting and was in a panic and could barely remember anything).

For the other allegation, I'd never ever get paid out on it as the mistake I made would get altered down the line so I would never financially gain from it. In fact, I'd never financially gain from the first 2 allegations as again they'd be picked up. I don't think the investigators realise this as it was never mentioned and they're not in the sales team.amd don't fully know the processes involved etc.

It's now 2 weeks on from the investigation meeting and I've heard nothing. I wonder if the fact I've come back with what I've said here has maybe put a spanner in the works so to speak but it's also over Easter so maybe that's a factor.

If they come back and say there's a disciplinary case to answer then my plan was to put in a grievance and contact a lawyer because as I said I'd never actually financially gain like they're accusing me of doing and also the fact my line manager has signed off on my work! They've also totally locked me out of the work systems so I can't fully investigate what actually went on with those particular sales, I'm having to remember back 2 or 3 months ago.

Does anyone have any more advice on this.

[ULA]

In terms of the investigation if you have provided some information in respect of the allegations then yes the delay in coming back to you could be due to the fact that they are following up this new information. In addition, as you say we have had a long Bank Holiday weekend.

If they come back and say there is to be a disciplinary hearing then they would need to set out in detail what the allegations are, which may be the same as or a reduced number of, what they are currently investigating, depending on the further information you have provided. What would be the basis of your grievance? What you have set out is actually your defence against any disciplinary action being taken.

If it does get to the point of you having to work on a defence to any disciplinary action then you will need to ask for access to the work system on the basis of obtaining paperwork relating to those sales to assist in your preparation of the meeting.

[Bt504]

Thanks,

My grievance would be an unfair disciplinary as they originally said I was doing things for financial gain which I actually can't from what they've said, also the fact my line manager has signed off on my work? I was actually thinking about an unfair suspension because if they'd properly looked into it then they would have seen, quite easily the information I have given them, I have a feeling they've just skimmed the info to begin with and not dug into it which I think is unfair?

[ULA]

Firstly you cannot raise a grievance about any unfair disciplinary that has not yet and may never take place.

The consideration an employer has to make about suspending an employee pending an investigation, needs to be based on the seriousness of the situation, incident or issue and there being no other option but to ask the employee not to attend work, whilst the investigation is being carried out. Your view is that the company have not looked into things properly before they suspended you and that they "jumped the gun" maybe. From the employer's perspective they are likely to be viewing this as someone possibly trying to get more commission than they were entitled to which could be deemed as fraudulent or falsification of records and is likely to come under the disciplinary policy as an example of serious or gross misconduct.

If they have reason to believe this, it could be why they have suspended you whilst they carry out a full investigation based on the information they had at the time. The aim of the investigation is to either prove or disprove the allegations and determine whether any further action needs to be taken. In carrying out that investigation you have clearly provided them information which they may not have been aware of and which they will need to factor into their final decision.

[Bt504]

Yes absolutely and I'm getting carried away at the moment waiting on the decision. I just feel I couldn't go back now even if there is no disciplinary as I won't trust them and I feel they won't trust me and I'm angry at the stress they've put me under. I'm the longest serving employee at the company and I feel they could have just come and spoke to me , but I do understand the need for a thorough investigation. If and of course it's an "if" they do come back with a disciplinary then I feel ill have to fight them to clear my name and it would be unfair but I'll have to wait and see the outcome first.

[ULA]

I appreciate that this must be very stressful for you but I think you will just need to see what the outcome is first before deciding what if anything you need to do.

When that situation happens, if you need any further advice then just come back to this thread.

[Ukmicky]

If it does get to the point of you having to work on a defence to any disciplinary action then you will need to ask for access to the work system on the basis of obtaining paperwork relating to those sales to assist in your preparation of the meeting.

They don’t have to provide that access and in reality shouldn’t be providing such access to an employee who is under investigation for an offence which would be deemed as gross misconduct for most employers .They may if asked provide paper copies but they don’t have to be provided and if they did anything handed over may be heavily redacted.

The OP can reference any documents that they feel need to be looked at by the person investigating the case with reasons why they need to be looked at and how they will help their case. Most companies don’t want to lose experienced employees so will normally carry out such investigations fairly.

[Bt504]

With regards to access to the work system. I couldn't provide a proper defence of myself without it. I can remember vague aspects of certain sales but doing maybe 100 a month and going back 3 or 4 months, I'd have to have a look at the various communications with regards to the specific sales to understand what happened. There's no way I could mount a decent defense without seeing what actually happened?

[Bt504]

Thats if it goes to a disciplinary.