Advice re suspension

[jorainbow]

My son (20) has been suspended at work for unacceptable attitude, taking an unauthorised break and failing to return from break. He works as a Bar Manager for a very large chain. There is a history of bullying here as he was dating one of the staff who has now become a duty manager and is not happy there relationships ended. He has been dealing with this very professionally requesting from Head Office HR that someone else to conduct the investigation after being told by three other staff members that the managers and other staff were discussing his case openly in the bar area, even producing a copy of his suspension letter, and that the kitchen staff were aware of his suspension -the kitchen manager was due to conduct the investigation. One term of his suspension was he was not to enter the restaurant/bar area. He lives above the premises and yesterday was unable to get in as the side door was locked so he had to go through the bar (I know from trying to contact him there is no mobile signal at the pub). This morning he has messaged me saying that his suspension pay has now been stopped as by entering that area he has broken the terms of his suspension. I think this is very harsh bearing in mind he had no other choice? I have advised he get union help - is there any advice anyone else can give? Thanks in advance.

[teaboy2]

Re: Advice re suspension

They can not stop his pay whilst on suspension, unless his contract specifically states he can be suspended without pay - Though they must act reasonably if they suspend him without pay i.e. reason for with holding pay must be reasonable. He also can not be in breach of terms of suspension as he has clear and oblivious mitigating circumstances i.e. access to his living accommodation. Plus am assuming the side door doubles as a fire exit, so therefore should not have been locked in the first place - I.e. health and safety breach if it is a fire exit as well.

I assume the company also owns the flat above the pub where he is the tenant - So they could be in breach of the tenancy agreement, and looks like they (or his ex) deliberately locked the door, knowing his suspension pay would be stopped leaving him unable to pay his rent.

Please can you post up a copy of his contract and copies of the company disciplinary process including the part about suspension. And also a copy of the suspension letter, minus personal and company details on all documents?

Once i have had a look through them i can help you write up a formal grievance letter. So i will also need details on incidents of bullying harassment, with estimated dates in chronological order too please.

[jorainbow]

Re: Advice re suspension

Thank you I will as soon as I have them from him. Much appreciated