Confusing Dismissal

[Mr E]

I am a contact supervisor so my job is to supervise parents who social services have cases with. About 2 months ago I was stopped from supervising a particular family and was given no real explanation apart from being told that it was due to attachment issues. I found the situation peculiar but did not question it as I was given a replacement family to work with. Having being given a new family to work with I assumed that everything was fine. About a month after this incident I was told I was suspended until further notice while an investigation was carried out. I was not informed of what the suspension was about but I have heard through the grapevine that the reason was that the security guard who I had had a minor argument with earlier that month had alleged I had smelt of marijuana and reported it to the co-coordinator. I have not been approached or even questioned by anyone The person who authorised my suspension was not in the country at the time of this alleged incident. Is this legal and can I be suspended on someone simply making an allegation with no sort of proof. As far as I am aware there has been no efforts to investigate the matter. I am also wondering how do you investigate if somebody smelt of cannabis. Have my legal rights been violated?

[miliitant]

Re: Confusing Dismissal

yes, you have a case

to suspend you they would need to do a fact finding investigation to see if it merits a formal conduct interview

within 48 hours of being suspended you would have had to be given notification in writing from your employer with details of the suspension and how long they think it will be

how long have you been employed for and how long have you been on suspension and do you smoke

[Mr E]

Re: Confusing Dismissal

i have just managed to get this email from my agency. Please read as follows: This is the email that was sent that led to my suspension.

On Saturday 7th April at around 10am I was working on the computer when I smelt cannabis . When I looked up I saw Mr E.. I looked at the security guard who had also looked up. Mr E
left the room with the W family. I asked the security if he could smell cannabis and he said yes. There were a lot of people in the room at the time. A few days later I asked Mr E
if I could have a word with him. I told him that I had smelt cannabis on him on the day in question. I also informed him that the security had smelt the same thing. He asked me how I knew it was him and I looked at him and told him that I am not stupid. I told him that clients are not allowed to have contact if they are under the influence of drugs or alcohol or drugs. He said okay. The conversation ended.

There were over 15 people in the reception area of the building where I work in the day in question. I asked my co-worker how she had come to the conclusion it was with me bearing in my mind I had walked in with a group of people. Can I really be suspended on a simple allegation that I never admitted to or was found guilty of.

[miliitant]

Re: Confusing Dismissal

they can suspend you on the strength of that email but they must tell you why they are suspending you prior to the suspension

how long have you been employed for and how long have you been on suspension and do you smoke

have they stated a formal interview date yet

[Mr E]

Re: Confusing Dismissal

I have been employed since August 2011. I have been on suspension since May 11th more than one month after the alleged inicident. Funniest thing i don't even smoke ciggerates. I go to the gym 4 times a week

[miliitant]

Re: Confusing Dismissal

i am covering all angles with this

you say you do not smoke ciggerettes, does that include cigars, rollups rtc

are you still being paid

[Mr E]

Re: Confusing Dismissal

i dont smoke full stop. im not being paid

[miliitant]

Re: Confusing Dismissal

do you have a copy of your contract of employment

[Mr E]

Re: Confusing Dismissal

not to hand. im employed through an agency

[miliitant]

Re: Confusing Dismissal

KEEP VERY QUIET ON THIS, IF THEY ASK WHY YOU WANT YOUR CONTRACT OF EMPLOYMENT, STATE, NO COMMENT

SEND RECORDED DELIVERY

Put your address here
Put the date here

Put the name and address of your employer here


Dear (name of employer),

I understand that the law says that within two months of starting work I should be given a written statement of my main terms and conditions of employment. I have not yet received this, and I would be grateful if you could let me have one as soon as possible.

Yours sincerely,

Sign your name

Put your name in capital letters

(Remember to keep a copy of your letter)

[miliitant]

Re: Confusing Dismissal

The suspension without pay even if mentioned in your contract of employment is a no, no

in a tribunal it can be seen as a punishment prior to an investigation decision

[Mr E]

Re: Confusing Dismissal

ok thanks, do you think the grounds of my suspension are valid

[miliitant]

Re: Confusing Dismissal

YES AND NO

the email would be enough to justify a suspension

but

the employer would have needed to ask you to come into the office and put any allegations to you to answer prior to the suspension and then followed it up in writing

the suspension has gone on to long in my mind to comply with the ACAS code of practice

[Mr E]

Re: Confusing Dismissal

So what do you think my next move should be if disciplinary procedures have not been followed

[miliitant]

Re: Confusing Dismissal

lets see what the response is to your contract of employment request first

i would then put your employers on notice under section 13 of the employment rights act, unlawful deduction of wages and not following the ACAS code of practice