My first post - advice required following suspension

[andyasw]

Last week I was suspended on full pay and received the letter outlining the issues.

In order to determine if my employer has followed the correct steps is there anyone here who I could copy the letter and send as an attachment?

[teaboy2]

Re: My first post - advice required following suspension

Simply post up a copy here in the thread, but make sure you cover up the employers details and your own first. Our simply type out what is said in the letter!

If the letter is simply to inform you of the reason of your suspension, then i can't see them being in breach of any procedures.

Though if they have requested you attend an investigatory meeting too, in the same letter. Then yes they have certain things they must include in the letter!

[andyasw]

Re: My first post - advice required following suspension

The letter only tells me of the reasons namely that i have failed to adhere reasonable management instructions or the normal duties of my post and also that issues have been raised by the team, to the union, regarding unsafe working practices and my lack of support. The allegations are being treated as general misconduct and my suspension is required in order that investigations can take place and that my presence in the workplace may prejudice these.

[teaboy2]

Re: My first post - advice required following suspension

Just standard procedure then. You will probably receive another letter inviting you to attend and investigatory meeting in the next few days or week or so!

Keep us fully updated as to each letter, meeting etc!

[andyasw]

Re: My first post - advice required following suspension

No letter as yet - still waiting.

[teaboy2]

Re: My first post - advice required following suspension

Ok, what was the date you were originally suspended on?

[andyasw]

Re: My first post - advice required following suspension

26th November

[teaboy2]

Re: My first post - advice required following suspension

Right thats way to long, its unreasonable for them to have you on suspension for more than 14 days without inviting you to an investigatory meeting especially given the type of allegations (i.e. failure to adhere to reasonable instructions and issues raised by the team).

Write to them advising them that they are being unreasonable in the time it is taking them to invite you to an investigatory meeting and complete their investigation in to the allegations. It does not take more than 5 working days to get statements from those making the accusation let alone 17 days (calender days between date of suspension 26/11/2014 and 14/12/2014). Advise them that if they do not write to you inviting you to an investigatory meeting within the next 5 working days you will seek legal action for their breach of contract.

Do not state what the breach of contract is, but basically as they have taken so long, they are acting unreasonably, and therefore in breach of ACAS disciplinary and grievance code of conduct which is the set standard procedure for disciplinary and grievance procedures that employers should follow, as they must act reasonable at all times during the procedure. At the same time, being in breach of the code of conduct puts them in breach of their own disciplinary policy which is a term of your contract, and therefore in breach of your contract! However it is a minute (as in small and irrelevant at this stage) breach of contract, so not something we can use just yet. Instead once you send the above letter, they may well invite you to an investigatory meeting or they may try fob you off saying they need more time to investigate. If they do invite you to said meeting, then whatever happens in the meeting and after that we may be able to use against them, depending on if they follow correct procedure what evidence they have etc etc. So it is still a waiting came, but the letter is intended to put a boot up their backsides and force them to hold the meeting. Mistakes are made when rushed!

[andyasw]

Re: My first post - advice required following suspension

Here's an update.

I am now in my second period of suspension which should end next week, however, to date the investigation still continues and I haven't yet had a meeting with the investigating officer. It is therefore highly likely that my suspension will extended further.

My employers policy states that further extensions can only happen in vetting and barring cases or if the police are investigating and neither of these are relevant in my circumstance.

Where can I find in writing that any guidance has been breached and what is my recourse?

[teaboy2]

Re: My first post - advice required following suspension

Here's an update.

I am now in my second period of suspension which should end next week, however, to date the investigation still continues and I haven't yet had a meeting with the investigating officer. It is therefore highly likely that my suspension will extended further.

My employers policy states that further extensions can only happen in vetting and barring cases or if the police are investigating and neither of these are relevant in my circumstance.

Where can I find in writing that any guidance has been breached and what is my recourse?

I think you should read through ACAS code of Practice: Disciplinary and grievance procedures. As that the standard procedure to be following. It will also give you a clear idea as to what they should be doing, compared to what is actually happening.

If they breach their own policy by keeping you on suspension then you should point that out to them. As it is a serious matter! Because those policies if in company handbook are terms and conditions of employment as well. And if you breached any policy in the handbook it would be a case of misconduct!

[qteas]

Re: My first post - advice required following suspension

Thats me home after the tribunal. It seemed to go really well but the judge said she would send her decision out to everyone in writing within ten days. The only thing is they looked at my schedule of loss buy the judge never said anything about a remedies hearing. But I'm thinking I should have stated I wanted reinstatement but I was so stressed I just forgot. Can I now right to the judge via the employment tribunal to ask her to consider reinstatement as an one of the options or have I now missed my chance?

[teaboy2]

Re: My first post - advice required following suspension

Thats me home after the tribunal. It seemed to go really well but the judge said she would send her decision out to everyone in writing within ten days. The only thing is they looked at my schedule of loss buy the judge never said anything about a remedies hearing. But I'm thinking I should have stated I wanted reinstatement but I was so stressed I just forgot. Can I now right to the judge via the employment tribunal to ask her to consider reinstatement as an one of the options or have I now missed my chance?

Wrong Thread qtea :tinysmile_twink_t2: