Advice needed please

[dobiefan]

Please can anyone advise - I work in the care sector and have been suspended from work - a colleague had completed a supervision session with a employee ( who is still on probation) the said employee had just returned to work after a weeks holiday, at the end of the supervision he asked her if there was anything else she wished to talk about but the person declined but did mention that at her next supervision she wanted to talk about some of the staff, one being myself, my colleague asked for a bit more information as rightly so this could have been a potential safe guarding issue but the girl was still vague. The next day my colleague told me what the girl had said and asked if I was aware of a problem, I immediately asked him to repeat what he had told me to my manager, the next day I asked my manager if she minded if I spoke to the girl to find out what the problem was and she did not try to deter me. When I approached the employee she became very angry stating that she had told my colleague in confidence, I immediately apologized and told her that I was not aware that this was the case and suggested she speak to our manager asap, I had a very civil conversation with the person and from what she said she found me sometimes abrupt, the work we do is very challenging and I explained this to her a week after this I have been suspended and so has my colleague and have been invited to a preliminary meeting - the letter confirming my suspension gave the reason as "potential serious/ gross misconduct regarding comments to a staff member / service user - this was sent to me before the employee was interviewed four days after I was suspended can some one advise me please as I am worried sick - thank you

[charitynjw]

Re: Advice needed please

Hi dobiefan & welcome to Legal Beagles.

First, if possible, could you please use paragraph breaks, as a big block of text is more difficult to read.

Are you directly employed by the care employer, or are you an agency worker?

If directly employed, when did you start?

Other than a possible inadvertent breach of confidence, is there any back-story to this?

[dobiefan]

Re: Advice needed please

I am directly employed and have worked for approx 13 years.

I was previously off work for a period last year as a result of work related stress and upon return to work it was highlighted in my return to work meetings/ supervision that I needed support with interpersonal skills, this has never been followed up and I have been given no support, we are bu law supposed to have supervisions every two months, the last personal supervision session I had was back in Feb.

My colleague and I have had three managers in the last twelve months, the first was moved leaving a high volume of work to catch up and this has fell to myself and my colleague. The second only lasted a few weeks then went on the sick with a stress related problem that was kept hushed up, the current manager has only been ins situ for a month or so. Both my colleague and I have had to work over and above our remit during this time.

Secondly they have made our current manager one of the investigating officers, to some degree I feel she has some involvement and this is a conflict of interest, are they correct in doing this??

Thank you in anticipation

[charitynjw]

Re: Advice needed please

Who suspended you, & whose name is on the letter which gives the alleged reason for suspension?

What is the situation re your colleague?

[dobiefan]

Re: Advice needed please

A senior manager came to my place of work and informed me verbally that I would need to be suspended my current manager was in attendance.

The letter sent was signed by another manager who is doing the investigation along with my current manager who was cc 'd into the letter.

My colleague initially went on sick leave but has since been suspended, reasons given a different to what I am suspended for.

[charitynjw]

Re: Advice needed please

Ok.

It would seem from what you say that an investigation of events is occurring.

You have not been dismissed, and the employer is fact-finding.

There is no legal obligation on the employer to actually supply work, so if they want you to stay away from work, that is their prerogative.
That said, & going on the information above, it does appear rather heavy-handed of them.

It may well pay you to phone ACAS, & submit a grievance to your employer.
Your employer will be able to supply you with the company procedure.
Failing this, ACAS have a 'default' procedure, obtainable from their website.

http://www.acas.org.uk/index.aspx?articleid=1461

http://www.acas.org.uk/index.aspx?articleid=1364

http://www.acas.org.uk/index.aspx?articleid=1670