Suspended for a grievance?

[pablo55]

Re: Suspended for a grievance?

Grievance submitted today so we shall see

[Johnboy007]

Re: Suspended for a grievance?

Thanks for for the help. Saw solicitor today and he can't quite believe what they are doing - thinks they will get 'crucified and destroyed' if it goes to a tribunal. He seems quite happy they are making such a mess of it. Submitting a grievance about it tomorrow so fireworks will really start then!

Great news.......
Do not be afraid to stand up to them.
From what you have stated, it's a no win situation.......
For your employer that is...........lol

[pablo55]

Re: Suspended for a grievance?

Hopefully though they aren't averse to paying to get their way. Time will tell!

[pablo55]

Re: Suspended for a grievance?

Ok, so union are saying they can't support my grievance and will not support me in it. Have said I can withdraw it and then submit it later if it goes to a disciplinary

[pablo55]

Re: Suspended for a grievance?

Would appreciate some further advice. I put in a grievance, stating that it was abuse of process, breach of contract and that there was no impartiality. My union isn't happy as I submitted it without their advice (won't respond to emails, phone calls etc) but have said they will support an amended grievance. The amended grievance would not include any issue about abuse of process as amazingly the Union doesn't think that there has been, or that there has been a breach of contract. They would support a grievance about the time it has taken and about the lack of impartiality.

They have said that they will meet with me later this week to discuss it, but only if I withdraw my grievance first. They have said I can always resubmit if I want, though I think this would look bad. The union has also confirmed that everything is being conducted under the grievance procedure, which is news to me, as their emails state disciplinary.

On top of this, the person I submitted the grievance to isn't happy as they union weren't involved and has dropped hints about withdrawing the grievance, though has said if I wish to proceed I can do.

Appreciate anyone's thoughts - have never been in a position where it feels like people are constantly trying to force me down a particular route, or where my union seems intent on taking my employer's side every time.

[Johnboy007]

Re: Suspended for a grievance?

Hi,
Unfortunately Unions are not the power they used to be.
Thatcher saw to that.
If you have emails from your company, stating that actions by your company are being carried out under the disciplinary procedure.
Then it is the disciplinary procedure you should stick too, regardless of what the Union tell you.
It seems to me that the Union are after a settlement that the company and the Union want, not what you want.
I have to ask this question.........
When you submitted your grievance, was it to a foreman / manager, or was it directly to a Union.
If it was to your Manager, he has a duty to submit it for action under the grievance procedure and in accordance to company rules.
Abuse of process seems about right to me, and seems the right road to go down.
Breach of contract is hard to prove.
Your union are definitely side footing.
They should be able to have an open and shut case, what with the Company using the wrong procedure to discipline you.
Go back to your Union, show them a copy of the company emails showing that your company are using disciplinary procedures. Then ask them to clarify their statement regarding the company using grievance procedures, IN WRITING.
Tell them you need to keep records of all transactions.
Do not withdraw your grievance.........
If it goes to tribunal, they will deny asking you to withdraw your grievance, and say you keep changing your mind.
If you pay or have paid union dues / subs while this has been going on, and you were a member of that union.
Then they have a legal duty to represent you at any hearing.
That is what you paid for.
Stick to your guns.
As far as I can see, the Company are in the wrong.

[pablo55]

Re: Suspended for a grievance?

Hi

I'll summarise as best as I can. I submitted my grievance to someone high up in Head Office.

1. When they suspended me they gave me a letter that says 'alleged behaviour towards staff that could amount to bullying and harassment together with other matters..' It refers to receiving 'information from more than one source'.

2. Letters says suspension does not constitute disciplinary action but finishes by saying that after the investigations have been completed they will advise of the outcome and if any further action 'including any action under disciplinary are necessary.'

3. With the letter they enclosed an information sheet for suspended members of staff. Information sheet begins:

Why have the disciplinary procedures been initiated? It then directs me to the Disciplinary Policy and Procedure in Section x of the staff handbook (even though they didn't provide me with access).

The information sheet states 'the main reason for suspension is when the issue is one of potential gross misconduct.'

The information sheet lists what will happen, first thing being an investigation after which ' a decision will be made about whether there is a case to answer or not. If there is a case to answer, a disciplinary interview will be arranged.'

There is no mention of grievances.

The Anti-Harassment Policy states that harassment complaints are dealt with under the Grievance Procedure. However, further guidance relating to the policy states that 'In the case of potential gross misconduct, the alleged harasser may be suspended (in line with the Disciplinary Policy).

The Grievance Procedure makes reference to harassment complaints but has no recourse to precautionary suspension - simply isn't mentioned at all.

Apparently we are at the formal grievance stage yet at their first meeting they denied my request to be accompanied by my union rep as they stated that they were only at the informal investigation stage. Their previous emails make reference to carrying out an investigation but since 25th June they are saying that only now have they proceeded to a formal investigation under the grievance stage. Emails from my union rep also confirm that it was also being carried out under Disciplinary, whilst they questioned on the 16th May why the grievance procedure wasn't being used. This has been documented by the company themselves.

The Disciplinary Policy also states that they 'reserve the right to suspend a member of staff at any stage of the Disciplinary Procedure in cases that appear to involve gross misconduct. A preliminary investigation will be conducted to determine whether suspension is appropriate.' This investigation is classified as informal under their Disciplinary Procedure.

I emailed twice at the start of June asking why I was suspended if it was a grievance. They acknowledged the emails but to date have not answered them yet.

Appreciate any help/questions