Serious Concerns about Management Conduct

[Bear123]

My Dr signed a fitness for work for two weeks. That ended yesterday. Today was my official return to work day.

I told the HR manager by email 10 days ago I would be able to return for light duties. She says she never got that email and requested it to be forwarded when I highlighted it in another email. I did. I asked again about returning to work and the HR manager said they would go by the Dr's dates.

Both the HR manager and my line manager were aware today was my return to work date. The team lead and Production Manager were shocked to see me this morning. It has never been mentioned to them I was coming back.

I have received my letter of suspension.

I have under 2 years service.

I have emailed back to say I think the decision is unfair. It was an accident. My ability to do my job, trustworthiness, or integrity has never been under question.

[Benny8902]

My Dr signed a fitness for work for two weeks. That ended yesterday. Today was my official return to work day.

I told the HR manager by email 10 days ago I would be able to return for light duties. She says she never got that email and requested it to be forwarded when I highlighted it in another email. I did. I asked again about returning to work and the HR manager said they would go by the Dr's dates.

Both the HR manager and my line manager were aware today was my return to work date. The team lead and Production Manager were shocked to see me this morning. It has never been mentioned to them I was coming back.

I have received my letter of suspension.

I have under 2 years service.

I have emailed back to say I think the decision is unfair. It was an accident. My ability to do my job, trustworthiness, or integrity has never been under question.

From my understanding (I am not legally qualified) you don't have many protections. But I would send that letter than I sent at the same this as Whistleblowing.


If your Fit Note has expired and you have returned to work then no issue. But if you are saying "light duties" and no medical evidence they might not allow this - I am unsure on this point.


However, if it was me I would be on to Protect this afternoon, and use the templates provided to make a strong grievance and get that in as well as protesting the decision to suspend you.

[Bear123]

From my understanding (I am not legally qualified) you don't have many protections. But I would send that letter than I sent at the same this as Whistleblowing.


If your Fit Note has expired and you have returned to work then no issue. But if you are saying "light duties" and no medical evidence they might not allow this - I am unsure on this point.


However, if it was me I would be on to Protect this afternoon, and use the templates provided to make a strong grievance and get that in as well as protesting the decision to suspend you.

10 days ago I asked if I could come back on light duties ahead of my fit note ending.

Today I was returning to work as normal after my fit note expired. I had taken my place at my usual workstation ready to go before being asked to leave.

[ULA]

Bear123 I have had to review posts that have recently made this afternoon in regard to the accuracy of the information / advice being provided.

Clarification on your length of service is useful as you have limited employment rights with under two years' service, however the normal length of service requirements do not apply in a whistleblowing case, so where you would normally have to be employed for 2 years in order to claim constructive or unfair dismissal, in a whistleblowing case there is no minimum service requirement. That said my concern at the moment is that from what I can read from your posts you have not in fact "whistle blown" and given the information you have been provided on this subject in earlier posts, you will need to decide if you will be doing so and ensuring this is in accordance with any whistleblowing policy the company has.

As has been suggested yes, you can argue that your suspension is unreasonable and try to get immediate clarification why this decision has been made, however your employer may not be too forthcoming if they are in the process of investigation. I would also be very careful abut the tone that you adopt in that correspondence. You could make a more formal challenge by lodging a grievance against your employer regarding your suspension and they should then consider as to whether or not the circumstances of the case justify your suspension from work. The lodging of a grievance, however, rarely results in a lifting of the suspension in itself, if there are reasonable grounds to suspend you in the first place. The only thing it may do is for the process to be speeded and to give you an opportunity to get your points across quicker.

In relation to secretly recording conversations I would strongly suggest you check company policies and procedures as to how this is viewed by the company. In the absence of any express prohibition against recording a meeting or other matter at work without your employer’s permission, this may be considered a disciplinary matter of itself, if this is found out. In any contract of employment there is an implied duty of mutual trust and confidence. This duty is implied into all contracts of employment i.e. there is no need for this term to be expressed within the contract, either verbally or in writing.

The duty of mutual trust and confidence implies a duty on the part of both employer and employee not to act in such a way that is likely to destroy or seriously damage the relationship of trust and confidence between them. In the context of an employee taking a covert recording at work, it is easy to see how the duty of trust and confidence could be breached.

[Bear123]

Bear123 I have had to review posts that have recently made this afternoon in regard to the accuracy of the information / advice being provided.

Clarification on your length of service is useful as you have limited employment rights with under two years' service, however the normal length of service requirements do not apply in a whistleblowing case, so where you would normally have to be employed for 2 years in order to claim constructive or unfair dismissal, in a whistleblowing case there is no minimum service requirement. That said my concern at the moment is that from what I can read from your posts you have not in fact "whistle blown" and given the information you have been provided on this subject in earlier posts, you will need to decide if you will be doing so and ensuring this is in accordance with any whistleblowing policy the company has.

As has been suggested yes, you can argue that your suspension is unreasonable and try to get immediate clarification why this decision has been made, however your employer may not be too forthcoming if they are in the process of investigation. I would also be very careful abut the tone that you adopt in that correspondence. You could make a more formal challenge by lodging a grievance against your employer regarding your suspension and they should then consider as to whether or not the circumstances of the case justify your suspension from work. The lodging of a grievance, however, rarely results in a lifting of the suspension in itself, if there are reasonable grounds to suspend you in the first place. The only thing it may do is for the process to be speeded and to give you an opportunity to get your points across quicker.

In relation to secretly recording conversations I would strongly suggest you check company policies and procedures as to how this is viewed by the company. In the absence of any express prohibition against recording a meeting or other matter at work without your employer’s permission, this may be considered a disciplinary matter of itself, if this is found out. In any contract of employment there is an implied duty of mutual trust and confidence. This duty is implied into all contracts of employment i.e. there is no need for this term to be expressed within the contract, either verbally or in writing.

The duty of mutual trust and confidence implies a duty on the part of both employer and employee not to act in such a way that is likely to destroy or seriously damage the relationship of trust and confidence between them. In the context of an employee taking a covert recording at work, it is easy to see how the duty of trust and confidence could be breached.

I have 18 months service.

I made the accusations during our employee engagement group meeting. I said that we think the company is hiding its poor safety record. They are covering up safety incidents.

They aren't highlighting serious incidents internally. I said we don't think they have been reported to head office, and they have failed to report incidents that require a RIDDOR to be submitted.


The company knowingly puts employees in positions of danger. They know facilities and equipment are unsafe.

Employees feel forced to do jobs and use dangerous machinery they aren't trained on and don't feel comfortable using.

The managing/director has admitted that he unwilling to provide basic provisions like heating and adequate changing facilities.

Our HR manager said that she doesn't report to the managing director/plant manager and any serious issues raised with her would go above the managing director/plant manager's head straight to head office. She is yet to release the minutes or answers to suggest she has done that. I have been asking from before my accident. It is nearing two months since the meeting and the HR manager is still too busy to provide minutes.

Another employee suffered a serious cut to his hand last year that required hospital treatment for stitches. He faced the same accusations as myself. He was not suspended or faced disciplinary action.

His incident was not an LTI.

My manager said to me yesterday that it was the second LTI this year and corporate asked for me to be suspended. It feels like I'm being punished for the consequences rather than the health and safety rule breaking they are accusing me of, which most people were unaware was a requirement and say we can't wear safety gloves during that task.

[Bear123]

Yesterday the HR manager said revised minutes were available at my request. I instantly requested them. Nothing.

I requested them again today. My manager says they are with snr management to conduct their investigation.

How can they possibly conduct an investigation based on minutes that were highly inaccurate the first time around, and I'm not getting to see/agree to them the second time around.

[ULA]

You may have said "I made the accusations during our employee engagement group meeting. I said that we think the company is hiding its poor safety record. They are covering up safety incidents." However that would not constitute whistle blowing. As already stated if you have a health and safety concern and wish to whistle-blow then you would need to do it in accordance with the company policy.

By LTI I presume you mean Lost Time Injury?

The requests you were making yesterday were they verbal or in writing? Also under the terms of your suspension are you allowed to contact managers etc in the company? Typically whilst on suspension you cannot contact anyone in the company, only the person appointed to liaise with you whilst on suspension.

[Bear123]

You may have said "I made the accusations during our employee engagement group meeting. I said that we think the company is hiding its poor safety record. They are covering up safety incidents." However that would not constitute whistle blowing. As already stated if you have a health and safety concern and wish to whistle-blow then you would need to do it in accordance with the company policy.

By LTI I presume you mean Lost Time Injury?

The requests you were making yesterday were they verbal or in writing? Also under the terms of your suspension are you allowed to contact managers etc in the company? Typically whilst on suspension you cannot contact anyone in the company, only the person appointed to liaise with you whilst on suspension.

Yes that's my meaning of LTI.

The requests I made were in our email.

I have been given no advice or instructions not to contact anyone.

A few people I work with I would consider friends. I would be in contact with them normally.

[Bear123]

My hearing is impending. I always knew I'd lose my job, but I surprised at how far they are going.

During my first meeting my boss made a significant effort to make me feel like I wasn't in a good place on the night of my accident. They really insisted I was under pressure and upset. She also highlighted someone else had reported the same to her.

This conversation never appeared in their minutes. I asked for it to be added.

I genuinely wasn't upset. I was in a really good place before this disciplinary action.

Now the statements are in one of the foremen has confirmed I was upset on the night of the accident for the same reason.

I also apparently said I was really disappointed with myself when I spoke to him a couple of days later.

Both are comments in the anything else to add section. They just read randomly added on.

A total stitch up.

[ULA]

So by hearing do you mean disciplinary hearing which you have now been formally invited to?

You need to do as much as you can to prepare "defence" against the allegations that have been set out in the letter inviting you to attend the hearing. Have they said the outcome could be possible dismissal?

[Bear123]

So by hearing do you mean disciplinary hearing which you have now been formally invited to?

You need to do as much as you can to prepare "defence" against the allegations that have been set out in the letter inviting you to attend the hearing. Have they said the outcome could be possible dismissal?

Yes disciplinary hearing.

I had never been warned about dismissal. But it was deemed gross misconduct and I was sacked.


It was a "independent" manager that reviewed the case today. We got all the documents at the same time and he was coming in with a fresh view.

I asked why my risk assesments had parts highlighted yellow?

The HR manager was confused and said there shouldn't be.

My documents were photocopies of the "independent" manager that got the documents the same time as me.

The HR manager and other manager were in a blind panic to cover that up.

It took 15 minutes to review about two hours of talking before the decision was made.

[Bear123]

The meeting was recorded today at my request.

The HR manager says she won't give me a copy. I would get written minutes.

[ULA]

The dismissal should be followed up in writing and you will be given the chance to appeal the decision.

[Bear123]

Hi,

I requested in advance that my disciplinary hearing would be recorded. It was recorded by the HR manager on the company dictaphone. Everyone was aware it was recorded and gave consent to be recorded.

I asked for a copy of the recording and the HR manager refused.

Am I entitled to a copy of the recording?

[Bear123]

I was sent a copy of the Company's Disciplinary Policy and Procedure a couple of weeks ago when I was suspended. I stupidly didn't read the whole thing.

Now I've read it things are even worse. There are various things highlighted with a highlighter pen.

There are initials of various other employees. It actually details what action will be taken against each person.

Some are initials next to verbal warnings.

My initials and another employee are marked next to dismissal with notice.

At my disciplinary hearing it came to light that the evidence documents I had were photocopies of the chair of the meeting. They said he got the documents the same time as me. Clearly not.

How do I deal with this? Do I tell the company I have this document?

It clearly highlights that they planned to sack me from the very start.