Suspended!!

[Laura87]

Hi everyone, I’m just wondering if anyone is able to help me with my issue. So on Monday this week I was suspended pending investigation. I am a Care Co-ordinator and I line manage all the carers. The reasons for my suspension were the following.

*No. 1. I have been accused of allowing a member of staff to take A/L despite being told not to. (This was not the case 100%) I allowed the member of staff 1 day A/L as she was over worked the week before and was feeling unwell, I was on call and pleaded with her to carry on until the following week as I didn’t have any back up if she went off ill too, I said to her I would look at getting cover for her shift. I managed to cover 90% of her shift and put the hour that wasn’t covered out to bank staff.

**NO. 2 They have stated that I exhibited intimidatory behaviour to one of my colleagues. My explanation for this is firstly, this “behaviour” was via text messages, basically one of my colleagues who works as admin was telling me how to do things and kept questioning my actions. She then started messaging a manager who was on A/L about a situation I sorted that she wasn’t happy with (her and the manager have been friends since childhood) a little while later my colleague said she had made the decision to change something as she had had agreement from someone more senior. The person in question is just a carer but does have a share in the business, she stepped down from a managing role as it was too stressful.

**NO.3 allegedly I walked out of my “on call” duties leaving it impossible to get cover and I left clients vulnerable. This is kind of linked to NO.2. So I walked out of the office at 2.30 (my finish time is 4) as I was getting stressed with my colleague and I had a headache where I had not eaten for 3 days due to being so stressed (I was left on my own to deal with everything as my manager was on A/L) my on call started at 4pm and I messaged my back up on call to say I was too unwell and could not cover it. A short while later I spoke to my back up and offered to come in to work but she said it had been covered. In the end I found out they had to cancel 2 care calls as they couldn’t cover them, these 2 calls were only social calls, no care required.

I have had issues with my back up person for months on end now and I have been to my manager about it but nothing ever gets done as she is part owner of the business, I have told them of my concerns that she had turned up to work drunk and also has been harassing me via messages late at night (11pm) questioning my job role constantly. This has led to me being stressed and I have felt un supported in my role.

I am on full pay whilst being suspended and they have said they will be in touch within the next couple of weeks. My questions are:

Are they right to suspend me?
they have restricted my access on all work platforms (group chats, online access, emails etc) can they do this? As I haven’t been investigated yet, so haven’t been able to explain my side of things.

what should be the next steps? Will I get my chance to air my grievances?

should I go to Citizens advice or call ACAS?

should someone be checking up on me during my time off?

should I have received a written letter or is the email I received ok?

thanks so much for reading all this, any questions I will be happy to answer

[ULA]

Sorry to hear about your situation.

In answer to your questions.

1. If your employer believes the allegations amount to serious or gross misconduct, then they can suspend you whilst they carry out an investigation.

2. Yes they cam restrict your access to company faciliites eg. offices, care site, computer access and they can also ask you not to be in contact with work colleagues whilst they carry out the investigation.

3. As part of the investigation they will conduct an interview with you and any other relevant staff member/s who may have witnessed or can add constructive insights into the allegations

4. You can certainly speak to them but at this point, so early into the process, not sure how much assistance they can give.

5. There should ideally be someone appointed to keep in contact with you whilst this process is being undertaken.

6. If the email set out why you have been suspended i.e. the allegations, that you will be on full pay, maybe who your point of contact will be and anything in relation to my point 2 then that is all that is required to be sent to you.

I appreciate this is is likely to be a stressful time for you but other than being available for any interview and complying information to put your side of events surrounding the allegations in preparation for the interview, there is little else you can do.

I would advise also to take time for you and do things that you enjoy doing to try to keep your mind off what is going on.

[Laura87]

Hello, thank you very much for your reply.

is there a set amount of time they have to be in contact with me, all they have said is they would be in touch in the next couple of weeks to arrange a meeting. It’s a very stressful situation. Also my issue is it’s a family run company and one of the grievances is against one of the family members, one of the other family members is dealing with my suspension, how can I be sure they will look at things fairly?

[ULA]

No there is not set amount of time for them to be in contact with you although the suspension should be as short as possible and should only last as long as it takes to carry out the investigation and make a decision from that.

As far as I am aware from your post your have not raised a grievance so all that will be handled internally at the moment is the investigation.

How long have you been employed at the business?

[Laura87]

Hello, sorry for not getting back sooner, I didn’t get a notification of a message. I have been there since the beginning of August 2022. So just under 2 years, so far it has been 18 days (including weekends) and I still haven’t heard from anyone, all I have been asked was for my password for my work email address but that is it. Surely someone should have been in touch by now? Or kept me up to date? I’m going out my mind

[ULA]

I would have thought that at the very least you would have been contacted re arranging a meeting with you as part of the investigation. That said sometimes these matters may be reliant on availability of other people involved in the investigation.

It may be worth an email just asking when arrangements will be made to interview you.

[Laura87]

Hello, I have had my meeting now, I had it today where he asked for my side of the things mentioned in the original email. I do feel like I wasn’t listened to for my reasonings of why I did the things I did, he said I appear to not accept I have done anything wrong. I did reply and say that I know my behaviour was unacceptable. He said he could get me on gross misconduct for walking out of work. Lastly he said he will make a decision and organise a follow up session to tell me what his decision has been, he also said I will receive an email. What could this mean? I have never had a formal or written warning etc and I feel like he didn’t care about what led me to my actions. Once again I am left waiting for the unknown

[ULA]

There would never have been a decision at the meeting you had today.

The person investigating the allegations will need to spend time considering all the evidence, including your meeting with him today and then make a recommendation. Once that has been done, if any disciplinary action is to be taken, then you will need to be notified in writing detailing a date for the meeting, what the allegations are, any documentation they are going to rely on, what potential disciplinary action may be taken and confirming your right to be accompanied by a work colleague or union rep.

[Laura87]

Ok thank you, so will I definitely have to attend another meeting. What happens if they want to let me go. Will they invite me to a meeting to tell me this or would they just tell me in an email? I would really rather read it than be told face to face if I have lost my job.

[ULA]

Although you do not have 2 years service it seems like there are following a process. Which means you should be invited to a meeting as I set out. At which either they will adjourn for a while to make a decision and then cone back and deliver it face to face or they will say they need time to consider and will follow up in writing..

[Laura87]

Hello, today I received this following email. What do I do now as I wish to appeal this decision. Also as far as pay goes if I appeal do they have to pay me whilst the appeal goes through? And what will happen with an appeal.

This email is to inform you that your employment with Enchanting Care will be terminated, effective from today Friday 3rd May 2024.
We have come to this decision because you walked out of your on call duties on Friday 12th April which resulted in us having to cancel vulnerable clients calls - as explained in our meeting this week this is gross misconduct. Also as we discussed the ongoing issues with communication with the carer team and the alienation they feel. These communication issues have persisted despite our best efforts to work with you to improve.
We believe this is the best decision for all parties involved.
Following the 3rd May you will no longer qualify for pay or holiday entitlements
Any company property you have including documentation, uniforms, keys to the office please arrange to be returned to the office.
If you wish to appeal this decision please send me the reasons within the next 5 days.


Thanks

[ULA]

What you will have to do now is set out your reasons , in writing, as to why you believe they have come to an incorrect decision in terminating your contract of employment and you have stated the deadline to do that.

As it was considered gross misconduct, it would appear from what you have posted up that there is to be no notice paid and unfortunately you will not be paid whilst you appeal.

[Laura87]

Ok thank you. I am in two minds whether to appeal the decision or not. I would like to send my grievances to them as I have not had a chance to do that. There has been a lot of things happens. One of which being one of my managers turning up to clients houses whilst under the influence. Harassment in the workplace. My question is as it is classed as my last job what happens with regards to a reference and the gross misconduct? As all new employers always ask for a reference from the last place. Can they give me a bad reference? Do they have to tell them it was for gross misconduct? Now I’m worried I will never get another job

[ULA]

If you are not planning on appealing then as an ex-employee there is no legal requirement for your employer to hear your grievance, although good practice would say that they should do.

Even if you do appeal, they may decide to put the grievance on hold until such times as they have completed the appeal process and if your appeal is not upheld then my comment above still applies. If your appeal is upheld and lesser disciplinary action is deemed more appropriate, then they would have to move on to dealing with your grievance.

Most references these days given by employers are just factual details e.g. start date, end date and job title to avoid any accusations of having given a bad reference. However, some sectors / industries may require previous employers to answer specific questions, one of which may be termination reason, in which case they would need to state the reason.

[Laura87]

Ok thank you. I was reading something earlier to say that apparently there is no point in appealing the decision if I don’t want to go back to the company, which I don’t. I just want to put my side across properly as in my meeting everything I said was dismissed. I suppose it’s difficult as it’s a family company. I have replied and asked to appeal the decision, so they have to reply to this or is it up to me to now send them reasons as to why I would like to appeal it? I’m not sure if I said before but the only reason they are using for my dismissal out of all of the initial reasons they gave is the one where I walked out of the office. As I have stated to them I was under immense pressure at the time but I felt when I said this in my meeting he didn’t care or want to hear what I had to say, if it goes to appeal would it be the same person dealing with the appeal? I worry as this is a family business and as already shown he has taken their side and disregarded mine. I am really not sure what to do, some of the things that have happened I have a duty of care to report to CQC however I do not want to do this in case it will ever scar my chances of getting any type of reference from them in the future. Thank you for all your help and advice with this