Suspended or not, and where do I stand

[Mzf961]

My employers personnel regulations and disciplinary code outlines the ability for the employer can suspend employees in circumstances involving Gross misconduct involving criminal activity, for instances of gross misconduct not involving criminal activity then an employee can be required to work elsewhere, remotely etc. or can be put on Required Leave which requires the authority of a Chief officer if it is likely to extend beyond 30 days.

In Juky thus year, whilst on a family holiday, I received a memo via Whatsapp informing me that I and two colleagues had been subject of 'allegations of misconduct including bullying' and that we were being placed on 'modified work arrangements where your job duties and normal place of work will be temporarily amended'

The memo further stipulated:

"To ensure the integrity of the process and to allow for the unimpeded collection of evidence from any related witnesses, whilst on modified leave you are required to strictly adhere to the following conditions:
Return all access keys, work ID cards, fuel cards and any other property of the [employer] and refrain from entering the premises of the [employer] unless escorted by the Manager or line manager

1. Refrain from contacting any and all members of staff as they may be called upon to provide evidence, with the exception of the Manager who will remain your point of contact,
2. Without prior permission from the Manager, refrain from speaking publicly or with witnesses and third parties (with the exception of persons who may be acting as agents on your behalf) on the matter of this internal review,
3. Within 48 hours of receiving this letter, provide a written summary outstanding work
4. Refrain from dealing with active work matters without first seeking permission from the Manager,
5. Perform any other duties which may be assigned via the Manager,
6. Remain contactable and responsive during normal business hours, and
7. In the event that you intend to take any leave, request such leave in writing via email to the Manager."

My manager subsequently stopped me attending training exercises not connected with my role and not in conflict with the above restrictions.

Three weeks after, I received the details of complaint which are basically a "he said, she said" allegations by a colleague which is disputed and does not contain any allegations that should have pushed it much above the grievance process, and certainly does not fall within gross misconduct, and its obvious the matter has been inflated and used against my colleagues and I because we have previously raised concerns regarding inappropriate working practices by the managers. The manager has also previously displayed discriminatory behaviour and made racist statements against me which although challenged at the time and witnessed by the whole office was not reported because of fear of repercussions.

As it stands, 70+ days on, I remain notionally working from home, although neither my colleagues nor I have ever had the facilities to do any work, nor given any work to do. I have not had any contact with the investigator for several weeks and no contact from the manager in five weeks.

Its apparent we are being treated as 'suspended' in all but name and have been isolated/ excluded on all matters to do with work, and outside regulations detailing my working conditions etc. on my contract of employment. I have been employed for five years in this role.

I am still being paid.

My question is where do I stand legally and what are my options?

Thanks in anticipation

[atticus]

Have you asked HR questions such as:

- why has this action been taken?
- what is being done to resolve things?
- how long this is going to take?

[Mzf961]

Yes - i asked the manager repeatedly and the manager refuses to answer the specific questions / ignores regarding my treatment and says it she can’t say how long it will take as it’s being investigated by someone else .
I’ve submitted a grievance with regards to our treatment and am awaiting a response.

[atticus]

Is "the manager" HR? If yes, then I agree that a grievance is the way forward.

How long have you been employed by this company?

[Mzf961]

5 years - manager is HOD - there’s a separate HR for organisation

[atticus]

In that case, I'll try again.

Have you asked HR the questions I suggested that you ask HR?

[Mzf961]

Ah okay - sorry. I have submitted the grievance via HR to chief officer
my question at this stage is where do I stand with regards to the circumstances where we are being treated as if suspended when the regs say they can’t suspend ?