I have been given a suspension notice from my employer! What should I do?

[simonwerth]

Hi, im in a spot of bother so hope someone can help me. Would really appreciate some support.

I, along with other members of management staff have had a series of public disagreements with the boss. As a result I had raised a formal grievance via e-mail outlining that the boss should meet with myself in order discuss any matters relating to the disagreements. Exactly two hours later, I had received a suspension notice. The contents of the letter are as follows:

"In accordance with standard employment practice, I confirm that you are suspended from work with full pay with immediate effect pending further investigations into allegations made against you.

-Consistent failure to follow reasonable instructions
-Conduct that may seriously compromise the business interest and the professional standing of ***********
-Threat of violence
-Conduct that may lead to or cause to compromise the safety and well-being of children

This suspension is in order for ********** to conduct the investigation unhindered, impartially and fairly, and is in no way a form of disciplinary action against you.

You are to remain available within reason should I need to get in touch with you. You must also not get in touch with any of your work colleagues or customers.

Contact me directly if you need to discuss anything but if you cant get through to me,then contact reception."

I find that this is rather coincidental that the boss served us with the notice of suspension only two hours before we had raised a formal grievance by e-mail, which he denies ever receiving.

Furthermore,he called the police and told them that we were refusing to leave the premises and that we had stolen property of *********
Both these were found to be untrue and the police had searched my bag and found no property of the company.

So I would like to ask, where do I stand from a legal perspective?

What should I do next?

Is the employer allowed to make sudden changes in the workplace? Since we are management staff, he has appointed staff to carry out our duties and they are creating unrest within the department.

Finally, is he allowed to search someones bag?

Thanks in advance.

[Eloise01]

Re: I have been given a suspension notice from my employer! What should I do?

You do not stand anywhere I am afraid. Suspension is a neutral act to investigate alleged misconduct. The employer has made this clear to you. I do not know what has gone on, or the background to this, but I can say that a series of public disagreements is not "a spot of bother" - it is a very serious amount of bother. The sort of spot of bother that gets people dismissed. It is rather late in the day to be raising grievances, whether justified or not, after the disagreements have been taken public.

What you should do next is - not matter who is right or wrong - and I say this very sincerely... shut up. Say nothing. Do nothing. Wait for the employer to make the next move.

It appears that most of the management tean have been suspended - and I will not be drawn on right or wrong - so the employer must run their business. They are entitled to replace you whilst the suspension is in place. And I am afraid that I must tell you that what the rest of the department like or don't like is not, and should not be, any of your business (and nor should you be talking to them whilst suspended!).

This may seem blunt and nasty. It isn't. This is what any lawyer would tell you. Under any circumstances. It isn't a judgement about who is right or wrong; it isn't about whether you can prove a legal right or wrong (a very different thing than who is right or wrong). Your job is on the line here, and whatever has gone before, you get this wrong and you add to the employers case.

I am happy to advise you further on what has happened if you wish - but for now you shut up and do nothing. Do not make the employers case for them - and anything you do risks doing exactly that.

[enquirer]

Re: I have been given a suspension notice from my employer! What should I do?

Threat of violence

This is an extremely serious allegation. If unfounded, it would undoubtedly amount to defamation.

Furthermore,he called the police and told them that we were refusing to leave the premises and that we had stolen property of *********

Both these were found to be untrue and the police had searched my bag and found no property of the company.

Defamation again, together with conspiracy to pervert the course of justice.

Finally, is he allowed to search someones bag?

Only if he has arrested you and he has cause to believe that the bag may contain something that you could use to harm yourself or others. If he did not arrest you, and if he used force or the threat of force to search the bag, he is guilty of assault.

Furthermore, if any of these documents are circulated outside the immediate disciplinary circle, there will probably be a breach of Data Protection as well.

It should all write up rather well.

[Eloise01]

Re: I have been given a suspension notice from my employer! What should I do?

It is not defamation (assuming you have the £10k court deposit, and that is before legal fees) to consider an allegation that has been made. Nor is it defamation to say someone is refusing to leave the premises,true or not. And nor is it defamation to report to the police a suspected crime. Defamation is much harder to evidence than this.

And the Police searched the bag.

The purpose of a disciplinary investigation is to consider allegations and whether there
is a case to answer. Suspension, in law, is a neutral act to allow investigation. You cannot make a case of defamation on such grounds.

Where on earth does conspiracy to pervert the course if justice come from - there is nothing at all in the post to indicate such an offence.