delayed suspesion update

[nutrance]

Ok here's an update and another question! (Delayed suspension original post if you dont understand what this is about lol)

I have looked in the managers log book and there are many incidents where other people have more seriously blocked fire exits! Some of these are managers!!!

There was no further action whatsoever taken against the people who commited those offences, so could i say they are treating unfairly.

Also i asked why people had been ringing me and texting me to ask why i was suspended before i knew anything about the incident and the reply i got was

"well you know what this place is like, all the gossip" followed by a crude snigger!

they also falsified my witness statement, it was totally different to the recorded phone call i have. No i didnt sign it either!

thanks in advance ;0)

[charitynjw]

Re: delayed suspesion update

Link to other thread http://www.legalbeagles.info/forums/...ad.php?t=33980

[nutrance]

Re: delayed suspesion update

just a quick question!

If i ask them for something or ask them for to let me look at something, can they refuse this, if it is going to help with my defence?

[charitynjw]

Re: delayed suspesion update

Hi nutrance,

You have a right to prepare & include evidence which supports your case in any disciplinary meeting.

See the following ACAS guidance - a more detailed version is available to download via the ACAS webite.

http://www.acas.org.uk/media/pdf/h/m...procedures.pdf

If permission is refused because of potential 3rd party disclosure, refer them to s35 Data Protection Act 1998
http://www.legislation.gov.uk/ukpga/1998/29/section/35

[nutrance]

Re: delayed suspesion update

I have not recieved any of my notes or witness statements in the post or by hand as promised by my employer, can they do this or can i adjourn my meeting tomorrow as i have not recieved them?

[charitynjw]

Re: delayed suspesion update

Do you have a 'companion'?

If it was me, I would probably attend, especially if on paid suspension of duties.

But, I would email beforehand to state that, as they have failed to provide the promised statements in good time or at all, they have not given any opportunity for a proper consideration of the alleged complaint, & will request an adjurnment if necessary.

This would give you the chance of obtaining all the other documentation that you need - also, request this in writing & obtain a signed copy from the person conducting the meeting.

[bluebottle]

Re: delayed suspesion update

I have not recieved any of my notes or witness statements in the post or by hand as promised by my employer, can they do this or can i adjourn my meeting tomorrow as i have not recieved them?

Unless your employer wants to get slated at an ET, they have to "show their hand", so to speak. If they don't, an ET can and will enter a finding against them or increase any damages payable. It would appear ET hearings are not exempt from CPR.

[nutrance]

Re: delayed suspesion update

OK so 6 weeks later i am still suspended to no avail! And they have just been to my house to request thee CCTV back they gave me, they said its because they have 5 other copies flying around and they wanted to make sure theyre all the same??

They also said they wanted to go through my pack of notes to make sure i have everything i need! Why? They know what they have given me as i have to sign for it all! All this outside my house in a car????

They also keep making remarks that i have been in contact with a fellow employee who is also suspended with me! I know it is detrimental in my defence to tell me i contact anyone, but i havent anyway!

I have a greviance meeting on Monday so I am wondering if they are worried because they know they have made mistakes!

[teaboy2]

Re: delayed suspesion update

Do not give them anything back, it is their responsibility to ensure the evidence is stored safely and correctly. If they fail to do so then its negligence and would likely mean their case will fall apart. Make a record of them asking you for the CCTV and Documentation making it clerar it is your believe they are trying to prejudice your defense against their claims by getting evidence back from you and preventing you from futher access to said evidence.

Did you make a formal grievance to them about the way your were being treated?

Also who was it that was asking you for the return or evidence and documentation? Where they the accuser or HR?

[nutrance]

Re: delayed suspesion update

Hi it was HR who said they needed the CCTV back but it was also the same person that has accused me of contacting the other suspendee! I have put in about 8 different greviances on the way they have handled the situation! Also i have found out today that they said they didnt know i was forklift driver until the 1st April which is why they asked me to keep on with my duties on the 29th and 30th March. I now have proof that they signed the investigation off as complete on the 29th March (the day they found the pallet)! They are being reall a**sy at the mooment as though they are trying to damage limitate! They also falsified my witness statement which i DID NOT sign! They accep a rewritten that i wrote and i have a copy of the one they falsified!

Do not give them anything back, it is their responsibility to ensure the evidence is stored safely and correctly. If they fail to do so then its negligence and would likely mean their case will fall apart. Make a record of them asking you for the CCTV and Documentation making it clerar it is your believe they are trying to prejudice your defense against their claims by getting evidence back from you and preventing you from futher access to said evidence.

Did you make a formal grievance to them about the way your were being treated?

Also who was it that was asking you for the return or evidence and documentation? Where they the accuser or HR?