Suspended and worried

[GraceLJ]

Hello,

I am going through a rather bad patch with my current employer and have some worries with this. I was wondering if anyone could give me some advice, if only to calm my nerves. To start I have only worked for this organisation for 5 months so I know my work place rights aren't exactly great.

I work as a support worker for a person with learning disabilities. There had been some issues with staffing, training, risk assessments and safeguarding and I took some of this up with a manager as it became a pressing issue. I was shouted down by the manager and my work practice questioned as a result of it. This led me to firstly whistleblow to CQC (anonymously) as I was worried these issues would not be addressed and they were a major risk and then after some thought I handed in my notice.

Since then there has been a verbal hint by my manager that they suspect I was one of the people to have reported them to CQC (there have been 2 reports) and I have been somewhat ignored when my manager comes to visit. But none of this I can substantiate.

At the start of this week I came to the home I work in to see my manager and another manager from a different region were in the office. It was explained that the second manager was there to help our service manager with things. I popped in the office to put my bag and coat down and my manager introduced me to the other person and informed me my back to work interview would happen shortly, (I had 2 days off sick) then I left the office. I was called into the office a few minutes later and we commenced with the back to work. The back to work went as usual but then my manager asked if I still had a problem with them as I seemed to ignore them on the previous Friday and didn't seem to be interacting with my service user. I said no, I was ill on Friday so I was quiet and that I did interact with the service user but at that point they wanted to be on their own and that I and another member of staff took to SU out later in the evening. This was true as I was off the next 2 days due to illness. My manager was okay with this and the meeting was over and I left the office again. No paperwork was filled out for my back to work.

A few minutes later I was called back into the office by my manager. They apologised and said they didn't give the other manager time to talk to me. The other manager informed me that there was a strong smell of alcohol in the room, to which I replied I could smell something similar and I assumed it was cleaning fluids. Manager 2 then went onto ask why they only noticed the smell when I entered the room and I replied I did not know and sniffed my coat and bag to be sure. They asked if I had been drinking and I said no, as I had not. They asked if I was sure and I said I was sure and I rarely drink. My manager then again asked if I was sure to which I replied I was sure again. I was then asked if I had been out to lunch and I told them that I had been home all morning and I and been off sick so I hadn't been out. They said okay and I left the office again.

About 5 minutes later both managers left the house. I talked to my colleagues about the exchange and they actually laughed. None of us were sure what would happen. One member of staff left as me coming on meant their shift ended. I also phoned my union for advice just in case.

It was then myself and another member of staff on shift as our service user needs 2 to 1 care in the day.

Two and a half hours later, when the second member of staff was due to leave they received a phone call asking them to stay until my manager arrived. My manager arrived about 20 minutes after the phone call and relieved my colleague. Then manager number 2 and the service manager turned up. We went into the small office and I was surrounded by them, it was very intimidating.

I was informed by my manager that as both they and manager 2 thought I smelt strongly of alcohol and I was possibly unfit for work I was being sent home and suspended. I protested that I had not been drinking and they could test me to which my service manager said no as two managers word was enough. I asked if I would get my suspension in writing and I was told yes and I left. I didn't think to ask questions as I was angry and upset and I just wanted to go home. I was given no other advice about the process.

I phoned my union to seek advice as I did not understand the procedure and wasn't even sure if I would be paid or investigated. I was given some advice about this.

I am now due to have a fact finding interview on Monday. My union rep has advised me a bit but I am still unsure of how this will go and I honestly do not trust the service manager to be unbiased as it is their service I reported to CQC. Even though I can't prove that they suspect me.

Also after reading policy I do not understand why I was not given suspension papers when they suspended me as they are supposed to. Should I bring this up? And if they thought I was unfit for work due to intoxication why did they leave me working on shift for 2 and a half hours? Should I ask this?

After this long blown story I wanted to ask, if they are to find me guilty so's to speak could they report this in any reference for future jobs? And if I am dismissed for gross misconduct will this be reported on any DBS checks? Especially with the nature of the accusation?

I have reported my suspension to CQC.

To add. I hadn't been drinking before work. The last drink I had was 5 days previous. My work practice and ethic had never been questioned before the initial confrontation with my manager. I have never come into work intoxicated or hung over as I drink about once a month if that and never to excess.

Can they find me guilty with only the word of two other managers?

The organisation have in the past fired a member of staff for whistle blowing. They were taken to court for this. But this is one of the reason I am suspicious of their actions.

Thank you in advance for reading this incredibly long post. Any input would be greatly appreciated.

[bluebottle]

Re: Suspended and worried

Firing whistleblowers is one of the worst things an employer can do, especially when they have had shortcomings brought to their attention and taken no remedial action. Unless I am very much mistaken, dismissing you would be automatic unfair dismissal. Accusing someone of being drunk is a common bullying tactic and unless they have more substantial evidence that two managers behaving like idiots, that could make matters worse for them.

Wait for other employment specialists to look in.

[GraceLJ]

Re: Suspended and worried

Thank you, those words help to make me feel like I am not making a mountain out of a molehill.

I'll keep going along with the process with advice from the union and ACAS. I can't see how I can be dismissed on the word of two people but to be perfectly honest I wouldn't put anything past them.

[wales01man]

Re: Suspended and worried

If I was being treated like this with totally false accusations I would be looking into them for the CQC seems they may have more to hide .
Absolutely disgusting behaviour by a couple of so called managers should you end up leaving forced or not use the Union and ACAS to your advantage.

[Harmonica]

Re: Suspended and worried

Can they find me guilty with only the word of two other managers?

Yes they can. The word of two managers is an extremely common way of dismissing an employee.

I can't see how I can be dismissed on the word of two people but to be perfectly honest I wouldn't put anything past them.

You have only been working there for five months so they would not even need a reason to dismiss you. It seems apparent that because you are perceived to be the person who has anonymously blown the whistle they're reluctant to just sack you on the spot even though they could. They have instead devised a way of doing it so that it looks as though it is for entirely legitimate and completely separate reasons to the whistleblowing. Employers do this all the time and they get away with it more often than not.

What you know or believe means absolutely nothing. What you can prove is all that matters. It will help you immensely if you can get some way of proving that your managers believe that you are the anonymous whistleblower. From now on I would strongly recommend that you covertly record any dealings you have with them and if possible try to get them to again imply (as you have said they have done previously) that they believe you to be the anonymous whistleblower. If you can get any evidence at all that you are a believed to be a whistleblower then it will strengthen your case massively.

Even if you just say outright that you believe they are making these false accusations because they think you're the whistle blower then they will no doubt deny it. However, you could then ask to go to the toilet and leave the dictaphone running whilst you're gone. In your absence they might make some sort of incriminating remarks about you that you could use as evidence at a later date. Covert recordings taken whilst the individual making the recording is not in the room are not always admissible at an employment tribunal. However, in situations such as discrimination/whistleblowing they are often permitted.

Are you on any medication? Is there some way that you could suggest that there is no way that you could have been drinking because it would have counteracted with your medication? They are suggesting that the smell of alcohol was only present whilst you were in the room. Can you state that you got paint on your clothes and used white spirits to remove it, hence the reason for the "smell"?

[GraceLJ]

Re: Suspended and worried

If I was being treated like this with totally false accusations I would be looking into them for the CQC seems they may have more to hide .
Absolutely disgusting behaviour by a couple of so called managers should you end up leaving forced or not use the Union and ACAS to your advantage.

I have reported everything that has happened to CQC since I was suspended. Even the fact that if they thought I was a risk and unfit for work they shouldn't have left me on shift.
I have been in contact with both my Union and ACAS and I'll keep talking with them until this matter is settled or indeed escalated.

[bluebottle]

Re: Suspended and worried

I have reported everything that has happened to CQC since I was suspended. Even the fact that if they thought I was a risk and unfit for work they shouldn't have left me on shift.
I have been in contact with both my Union and ACAS and I'll keep talking with them until this matter is settled or indeed escalated.

The CQC should be kept in the loop as to what is going on.

[GraceLJ]

Re: Suspended and worried

Yes they can. The word of two managers is an extremely common way of dismissing an employee.




You have only been working there for five months so they would not even need a reason to dismiss you. It seems apparent that because you are perceived to be the person who has anonymously blown the whistle they're reluctant to just sack you on the spot even though they could. They have instead devised a way of doing it so that it looks as though it is for entirely legitimate and completely separate reasons to the whistleblowing. Employers do this all the time and they get away with it more often than not.

What you know or believe means absolutely nothing. What you can prove is all that matters. It will help you immensely if you can get some way of proving that your managers believe that you are the anonymous whistleblower. From now on I would strongly recommend that you covertly record any dealings you have with them and if possible try to get them to again imply (as you have said they have done previously) that they believe you to be the anonymous whistleblower. If you can get any evidence at all that you are a believed to be a whistleblower then it will strengthen your case massively.

Even if you just say outright that you believe they are making these false accusations because they think you're the whistle blower then they will no doubt deny it. However, you could then ask to go to the toilet and leave the dictaphone running whilst you're gone. In your absence they might make some sort of incriminating remarks about you that you could use as evidence at a later date. Covert recordings taken whilst the individual making the recording is not in the room are not always admissible at an employment tribunal. However, in situations such as discrimination/whistleblowing they are often permitted.

Are you on any medication? Is there some way that you could suggest that there is no way that you could have been drinking because it would have counteracted with your medication? They are suggesting that the smell of alcohol was only present whilst you were in the room. Can you state that you got paint on your clothes and used white spirits to remove it, hence the reason for the "smell"?

I thought their word might be enough, it is sad that that is the case. I am going to ask in my fact finding interview if they are going to be talking to the two other support workers I was on shift with regarding this. I doubt they will but if they were to back my story up it would be two votes in my favour, but I again I doubt that would matter in this case. Especially since those two members of staff have had problems with the manager who accused me.

Again the only proof I could provide is the word of my colleagues but I can not make them to to them and I am not able to contact them myself. I did offer at the time for them to test me but they of course refused.

I also do not have proof they suspect me of being a whistle blower. There have only been comments made in passing and a change in attitude towards me and this I can not prove. I shall be recorded all conversations from now on and any conversation that is had is being had in writing as per my request.

I am not on any medication and I had nothing on my clothing. If there was a smell it would be down to the cleaning fluids used in the house but that would be present in the house without me.

As it stands I am pretty much resigned to the fact that they are going to carry this through and dismiss me before my notice period is finished. It doesn't mean I won't fight this as I feel it is wrong I just understand at this point I'm not going to win. So now one of my biggest concerns is how it may impact on any future job applications.

Thank you for your time

[GraceLJ]

Re: Suspended and worried

The CQC should be kept in the loop as to what is going on.

I phoned them the day after my suspension to make them aware of the situation and will keep updating them as this progresses.
They also assured me that all concerns I logged with them will still be taken seriously regardless of my status with my employer so I am happy in the fact that no matter what they do their shortfalls in service are being looked into.

[teaboy2]

Re: Suspended and worried

The word of the two manager is not actually enough, since they are the ones making the allegations. This means the fact finding and investigation and any subsquent disciplinary needs to be held by a 3rd person and not either of the said managers.

As for contracting your colleagues, your entitled to do so in order to get witness statements from them, it would be unfair and unreasonable for your employer to act against you for contacting colleagues purely to ask for witness statements, in order to defend against their allegations.

Secondly it may well be best to admit to being the whistle blower and then using section 103A Protected Disclosure (http://www.yourrights.org.uk/yourrig...eblowers.shtml) and telling them that you know that their false allegation is nothing but a result of them suspecting you as being the whistle blower since you were the one that brought the issues up with the manager prior to informing CQC, making it obvious you were the whistle blower. As such their false accusations in an attempt to dismiss you as a direct result of your whistle blowing would amount to automatic unfair dismissal (as bluebottle pointed out) and as such the 2 year qualifying period for tribunal is not required and you may as a result take the matter to tribunal. You also have Section 100 of the Employment Rights Act 1996 which relates to reported of health and safety issues, which also results in Automatic Unfair Dismissal if your dismissed as a result of making complaints to HSE or about your HSE concerns which i suspect you did to CQC.


If one of the managers is preceding over the meeting on Monday (Today i assume) then just let them carry on (but yes record it), then we can hit them hard afterwords for breach of Acas code of practice 1: Disciplinary and grievance procedures. As having one of your accusers carry out any part in the fact finding, investigation or disciplinary would make their actions biased, and unfair, which will give you further ammo on top of protected disclosure laws. Give someone enough rope and they are sure to hang themselves! :tinysmile_twink_t2: