suspended pending investigation!!!!!!!!

[pablad123]

hi all new to this so any help greatly received.


I attended work on Wednesday and was immediately suspended with pay as they received a complaint from a client

the items complained about date back to april!!
I have subsequently been called to an evidential meeting and have been warned that if my reasons are not acceptable then Iit will be considered as misconduct and or gross misconduct .

all of the complaints can be explained substantially with common knowledge of the trade that I work in but my issue is as follows

1) I have carried out numerous jobs for the complainenet and had due conversations with this client and no issue has ever been raised but now every job I have done has been complained about
2) the jobs relate back to april yet nothing has been raised until now
3) some 4 weeks ago I had a disagreement with our new works manager and at the time was doing approximately 70-90 hours per week but since the argument I am lucky to do 40 hours per week.

5) it has been noted that the works manager is very flirtacious to a level that seems unprofessional with the complainant.

6)the above works manager is chairing the evidential meeting.

7)I am also being insighted for personal use of company vehicle by the works manager even though it has been granted previous to this with no problem.

at this time I feel that the due process will be biased and unfair and don't know what to do.
I will be attending the meeting to give my account of things but can I ask that the person mentioned is removed from the process or should I carry out meeting and then submit a formal grevience to the director or can I request a closed discussion with the director after the first meeting??

please advise because I am getting very anxious now and the meeting is this Tuesday morning

thanks in advance

[teaboy2]

Re: suspended pending investigation!!!!!!!!

hi all new to this so any help greatly received.


I attended work on Wednesday and was immediately suspended with pay as they received a complaint from a client

the items complained about date back to april!!
I have subsequently been called to an evidential meeting and have been warned that if my reasons are not acceptable then Iit will be considered as misconduct and or gross misconduct .

all of the complaints can be explained substantially with common knowledge of the trade that I work in but my issue is as follows

1) I have carried out numerous jobs for the complainenet and had due conversations with this client and no issue has ever been raised but now every job I have done has been complained about - Any evidence of the complainant being happy with the work, such as signing of the work when completed?
2) the jobs relate back to april yet nothing has been raised until now - Ask why they were not raised until now!
3) some 4 weeks ago I had a disagreement with our new works manager and at the time was doing approximately 70-90 hours per week but since the argument I am lucky to do 40 hours per week. What was the disagreement about?

5) it has been noted that the works manager is very flirtacious to a level that seems unprofessional with the complainant. - Is the company aware of this? as this constitutes unprofessional behavior and brings the company in to disrepute! Do you have evidence or colleagues willing to confirm this in witness statements?

6)the above works manager is chairing the evidential meeting. - Was he present on the site when the work was carried out, if so then hes no impartial and another manager should chair the meetings - Point this out to the employer!

7)I am also being insighted for personal use of company vehicle by the works manager even though it has been granted previous to this with no problem. - If it had been allowed in the past with not problems and if others are allowed to do this, then you must point out that it is customary practice to allow employees to use company vehicle and others are still doing it, and therefore it is an implied term of your contract that you are permitted to use company vehicle. Also as the work manager is connected to this allegation, again his connection means he is not impartial and should not be chairing any meetings during this disciplinary process.

at this time I feel that the due process will be biased and unfair and don't know what to do.
I will be attending the meeting to give my account of things but can I ask that the person mentioned is removed from the process or should I carry out meeting and then submit a formal grevience to the director or can I request a closed discussion with the director after the first meeting??

please advise because I am getting very anxious now and the meeting is this Tuesday morning

thanks in advance

You need to raise a formal grievance with above points in red, but before that also answers the above questions i asked too!

Have they sent you copies of witness statements, and other evidence including copy of the complaint?

If this is an investigatory meeting, i wouldn't worry to much about it as clearly the manager should not be chairing it, don't worry about how tomorrow goes, as with him chairing the meeting it makes the whole disciplinary process unfair. Hence why they will likely back track once we send in the grievance letter!

[pablad123]

Re: suspended pending investigation!!!!!!!!

Every job was completed and signed of by the client as complete and satisfactory.
The complaints raised were completely shown in the meeting to be pathetic and based on facts that were completely blown apart and show to be grasping at straws and show that they have been put together without looking into facts that can easily prove that they are so and at the meeting I felt this was explained and accepted.
So the manager in question remained completely silent until personal issue ov van was used.
To which I provided evidence in form of emails and texts giving permission to use vehicle previous for personal use with no problem!!! To which the manager was again silent!!!
There has been occasion that I use my nephew on jobs with me and as I feel the manager was lost on all other events in the meeting she decided to jump on the fact that she had informed me that she told told me we could not use him due to insurance issues!!! I quickly pointed out that she told me this on the 29th July but on the 6th August I have an email from her telling me to use my nephew to which I replied via email stating we can't because of insurance to which she replied we have no choice as job needs completing !!!!! So again silent!!!!!!
10 minutes after meeting I received a text from my director asking for a closed confidential meeting for two days later !?!?I have in 30 mins from now!!!!!!!
Stressed is an understatement!!!!!
Will post after meeting to gain advice further

[teaboy2]

Re: suspended pending investigation!!!!!!!!

Every job was completed and signed of by the client as complete and satisfactory.
The complaints raised were completely shown in the meeting to be pathetic and based on facts that were completely blown apart and show to be grasping at straws and show that they have been put together without looking into facts that can easily prove that they are so and at the meeting I felt this was explained and accepted.
So the manager in question remained completely silent until personal issue ov van was used.
To which I provided evidence in form of emails and texts giving permission to use vehicle previous for personal use with no problem!!! To which the manager was again silent!!!
There has been occasion that I use my nephew on jobs with me and as I feel the manager was lost on all other events in the meeting she decided to jump on the fact that she had informed me that she told told me we could not use him due to insurance issues!!! I quickly pointed out that she told me this on the 29th July but on the 6th August I have an email from her telling me to use my nephew to which I replied via email stating we can't because of insurance to which she replied we have no choice as job needs completing !!!!! So again silent!!!!!!
10 minutes after meeting I received a text from my director asking for a closed confidential meeting for two days later !?!?I have in 30 mins from now!!!!!!!
Stressed is an understatement!!!!!
Will post after meeting to gain advice further

Ok let us know what the director has to say.

[pablad123]

Re: suspended pending investigation!!!!!!!!

Ok so he gave me 3 choices
Carry on with procedure and he will find stuff to confirm gross misconduct.

Carry on with process which could take months

Or resign and he will pay holiday entitlement and a weeks notice

Now I thought that my suspension was not deemed as discipline!?!?!?

[teaboy2]

Re: suspended pending investigation!!!!!!!!

Ok so he gave me 3 choices
Carry on with procedure and he will find stuff to confirm gross misconduct.

Carry on with process which could take months

Or resign and he will pay holiday entitlement and a weeks notice

Now I thought that my suspension was not deemed as discipline!?!?!?

Ask him to put it in writing (doubt he will though) - Basically hes admitted that hes going to sack you you no matter what which is unfair dismissal as the outcome is clearly predetermined. Problem is proving that he said that, if you you had proof i.e. in writing or a recording, you could resign and sue for constructive dismissal.

I would be inclined to see this through and give them enough rope to hang themselves with.

Ask for copies of the complaints. Copies of documents signed by customer at the time showing he/she was happy with the work etc! Ask for photos of the work he/she is complaining about and evidence that it was the work carried out by you! - You have the right to see these in order to prepare for the disciplinary hearing!

If the disciplinary process takes months, then that would be unfair too, as disciplinary procedures must be carried out within a reasonable time-frame. i.e. 2-4 weeks not months!

[FlamingParrot]

Re: suspended pending investigation!!!!!!!!

Ask him to put it in writing (doubt he will though) - Basically hes admitted that hes going to sack you you no matter what which is unfair dismissal as the outcome is clearly predetermined. Problem is proving that he said that,

Once upon a time I tried that argument and there were lots of indications it had been plotted for a year, to get rid not only of me but also a colleague that did the same job, they even went as far as to merge two teams so as to be able to get rid of both of us who were the only ones doing that job on day shifts, at the same time. The arguments used for suspension had nothing to do with the ones used at the disciplinary and official reason for dismissal, there were things on the SARs, etc. yet it didn't look like it was easy to make that point.

if you you had proof i.e. in writing or a recording, you could resign and sue for constructive dismissal.

I would be inclined to see this through and give them enough rope to hang themselves with.

This is a better option IMHO as constructive dismissal has very low success rates because the issues can be hard to prove.