suspended

[Shadowcat]

Re: suspended

No probs. Take out details on the letter please, we just need to see the text.

[thbb]

Re: suspended

Teaboy - absolutely fantastic info, thank you so much, can I use the quoted text in my email? I don't want to write a letter because the office junior opens all his mail, regardless of whether it is marked private and confidential!

[Shadowcat]

Re: suspended

Regarding someone else opening his mail in relation to this situation - again, his problem. That will look bad in a tribunal that he does not respect his employees confidentiality wishes.

If you are genuinely concerned about someone seeing this and becoming gossip, you can write to him initially asking for confirmation that P&C mail sent by you will only be opened by adressee for confidentiality reasons. Put a stamped addressed envelope in for his reply if you wish, noting on the letter that SAE is an enclosure.

Long winded I know but you're on pay so you have the time to dot i's and cross t's on this. You will backfoot them with this sort of detail.

[thbb]

Re: suspended

This is my draft letter

[FONT='Arial','sans-serif']Dear [/FONT]
[FONT='Arial','sans-serif']Further to your consultant informing me verbally and in writing, that I have been suspended pending an investigation, I have been advised that I am entitled to know in writing the reason for this suspension, and in a timely fashion.[/FONT]
[FONT='Arial','sans-serif']I have also been advised, my ‘contract’ such as it is, is between ourselves, and therefore I am not required to deal with your consultant in this matter.[/FONT]
[FONT='Arial','sans-serif']I would be grateful if you can advise me therefore of the nature of these complaints, so that I am aware of what these accusations are.[/FONT]
[FONT='Arial','sans-serif']Thanks and kind regards[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']Note[/FONT][FONT='Arial','sans-serif']:[/FONT]
[FONT='Arial','sans-serif']I have no contract with this consultant therefore I am not legally bound to discuss, communicate or even acknowledge them as a party to my employment contract – This party has no legal rights or power over me[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']Nor am I legally bound to do what they say either, therefore I am not bound to and do not acknowledge, consider or abide by the demands set fourth by a third party company, who is not a party to your employment contract, especially when there is not a contract between the third party company and myself.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']As such I will deem any further contact from said third party company as harassment in breach of the protection from harassment act 1997 and I also deem the disclosure of your data to said third party as a breach of the data protection act 1998.

Also there is only implied license under English common law for a person to visit my property without prior appointment, that being the postman and person(s) asking for directions.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']The third party did not seek license from me to visit me on my property by seeking prior appointment, therefore by doing so without prior appointment, they committed an act of tort of trespass.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']I therefore would like to make it clear that what ever license they thought they had that allowed them to visit me on my property is now revoked, and if they come to my property again without agreeing an appointment with myself, which as I do not acknowledge them, I therefore have no intention of making such appointment.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']I may begin legal proceedings against them for tort of trespass and harassment.[/FONT][FONT='Arial','sans-serif'][/FONT]

[Shadowcat]

Re: suspended

Trying to decipher between the fonts but - sorry if I'm not keeping up - has anyone visited your property?

I personally would just stick to getting the reason[s] in writing first and foremost, the additional can come later. However, if I'm missing an obvious then I apologise.

If you start low key it gives tribunal a start point that is easy.

[thbb]

Re: suspended

have edited the 'my' and 'your' accordingly

[Shadowcat]

Re: suspended

Ok just read that you are emailing - sorry for missing that.

[thbb]

Re: suspended

Yes sorry copied and pasted straight from word, not sure what happened there!

[teaboy2]

Re: suspended

Have got rid of the HMTL scripts that came with the letter you posted so its easier for people read, and have made some minor alterations in red for you.

This is my draft letter
Dear

Further to your consultant informing me verbally and in writing, that I have been suspended pending an investigation, I have been advised that I am entitled to know in writing the reason for this suspension, and in a timely fashion.

I have also been advised, my ‘contract’ such as it is, is between ourselves, and therefore I am not required to deal with your consultant in this matter.

I would be grateful if you can advise me therefore of the nature of these complaints and reason for your decision to suspend me without providing any reason as to why or attempting to discuss it with me informal first. So that I am then aware of what these accusations are and what your reasoning for my suspension and failure to discuss the matter promptly, fairly, reasonably and informally first.

I have no contract, association or had any previous business dealings with this consultant. Therefore I am not legally bound or obliged to discuss, communicate or even acknowledge them as a party to my employment contract which is purely a contract between myself and your company (company name) and does not include any other named party – This party therefore has no legal rights or power over me. They therefore can not act or provide a mediation service without the consent of both parties, that being myself and your company, and i DO NOT now nor did i ever give my consent in past.

Nor am I legally bound to do what they say either, therefore I am not bound to and do not acknowledge, consider or abide by the demands set fourth by a third party company, who is not a party to the employment contract between me and your company (enter company name), especially when there is not a contract between the third party company and myself.

As such I will deem any further contact from said third party company as harassment in breach of the protection from harassment act 1997 and I also deem the disclosure of my data by your company to said third party as a breach of the data protection act 1998.

Also there is only implied license under English common law for a person to visit my property without prior appointment, that being the postman and person(s) asking for directions.

The third party did not seek license from me to visit me on my property by seeking prior appointment, therefore by doing so without prior appointment, they committed an act of tort of trespass.

I therefore would like to make it clear that what ever license they thought they had that allowed them to visit me on my property is now revoked, and if they come to my property again without agreeing an appointment with myself (which as i do not aknowledge them I therefore have no intention of making such appointment), I may begin legal proceedings against them for tort of trespass and harassment.

Yours Sincerely

------------------------------- merged -------------------------------

Trying to decipher between the fonts but - sorry if I'm not keeping up - has anyone visited your property?

I personally would just stick to getting the reason[s] in writing first and foremost, the additional can come later. However, if I'm missing an obvious then I apologise.

If you start low key it gives tribunal a start point that is easy.

They Key here with regards to the consultant and not akcnowleging them and their tort of trespass is to get direct communication going between employer and employee. The employer can not bring in a third party without the consent of the employee first. Just like Acas can not do anything if the employer refusing to consent to their mediation.

Direct communication from the employer is much stronger evidence that can be relied on in tribunal than that of cummincation from a third party that an employer can deny having knowledge off.

[thbb]

Re: suspended

Yes that is much more articulate than my original - thank you

You have no idea how empowered and upbeat I feel after all your help guys, thank you so, so much.

[Sapphire]

Re: suspended

Hi thbb, I notice that you fought cancer a while ago, I did the same last year, after that fight you'll find this a walk in the park.

[bluebottle]

Re: suspended

In addition to the excellent advice from Shadowcat and Teaboy, your employer needs to be made aware that they are vulnerable to legal action as a consequence of the provisions of Section 7, Protection from Harassment Act 1997 by sending Rent-A-Bully to your home and insisting you deal with them. Under Section 7, any person who aids, abets, counsels or procures another in any course of conduct amounting to harassment shall be regarded as having committed an offence of harassment themselves.

Additionally, making allegations in the circumstances you mention is a form of harassment. Any harassment needs to occur on at least two occasions for an offence to be committed. If Rent-A-Bully and/or your employer crank up the ante, there is a civil remedy provision under Section 3 of the Act which enables you to seek an injunction through your local County Court. However, such a course of action is a very last resort when every other means of abating the harassment has failed. A Notice to Desist - a letter telling the harasser to stop their behaviour - is a pre-requisite before applying for an injunction as a judge would need to see steps had been taken to try and resolve the issue. However, in serious cases, this step does not always apply, so the matter needs to be played by ear.

[thbb]

Re: suspended

Sapphire, you are so right, I also had some excellent advice here a while back during my divorce, I couldn't get legal aid so had to rep myself in court, and not only did I get 26,000 more than his sol offered, I got them to back down over the time they wanted for me to leave the marital home, he played dirty right up till moving day, but I never thought he would do anything else, and they say hell hath no fury like a woman scorned lol!

And Bluebottle, again your post has brought a smile to my face, all through the night I was giving myself whiplash with the rage versus the wailing, so the straight talking and solid advice I have received here has been the slap round the chops I needed to remind myself I will not be brow beaten, so thanks all, again, sincerely

[Shadowcat]

Re: suspended

OK, sorry guys. Was dealing with my own Santander issues whilst reading this thread, this has now been resolved so can concentrate on this.

So, rent-a-bully was threatened? Give me strength, sending the boys round is so yesterday and as we have Bluebottle on here to give solid direction on this front, you'll be fine on that.

Teaboy - great to acknowledge the third party. My initial attitude was to cut them out and not even acknowledge them as they are of little importance but you have seen the writing on the wall for when the proverbial hits the fan and they can and will be spirited away. Every employment related error will be put down to them but at a tribunal you can just see the judge asking who and where these people are and the employer claiming 'no forwarding address me'lud'. Fantastic advice.

I look forward to slaying yet another bullying good for nothing above the law employer. Long live all the thousands and thousands of good employers out there - you'll find it's definitely the way to go as people become more and more informed of their rights.

[thbb]

Re: suspended

good point, well put! thanks