Do you get full pay while suspended if not for gross misconduct ?

[StipeFan]

‘Suspension on full pay is not considered action to be taken under the disciplinary procedure and you should not view it as such’.

In a letter I was handed today, after a meeting called an Investigation. For breach of company policy, but not gross misconduct.

I’m now waiting for the next stage, which is a letter that will invite me to a Disciplinary Hearing ‘if the Investigation indicates there is substance to the allegation’.

I’m refuting the allegation, and have never received any kind of warning before from this employer (or any employer in my work history) nor have I ever been suspended or dismissed before.

You should be getting full pay

Yes suspension should always be on full pay.

‘Suspension on full pay is not considered action to be taken under the disciplinary procedure and you should not view it as such’

That doesn’t make grammatical sense to me though, does it mean I do get full pay, or not ?

It means you will get full pay. It's trying to say that the suspension isn't a punishment. It is very badly phrased!

It means that the suspension (with full pay) should not be seen as a disciplinary sanction like a warning would be. For decades it was held to be a neutral act - ie they weren’t presuming wrong being had happened - but nowadays it is accepted that being suspended isn’t neutral for the individual.

It’s extremely badly written.

It's poorly worded, you should get full pay, this letter is trying to say that the suspension is not disciplinary action in itself. Saying that you wouldn't usually suspend at all unless there's a gross misconduct charge 🤔

Full pay

Update, email inviting me to the next stage now received.

They are calling this Gross Misconduct now (I have regularly verbally requested a private search room in line with company policy but it’s never been offered, so whilst not verbally refusing to be searched, I have always just walked past the security guard).

I think this means I am going to be instantly dismissed.

I need to consider whether I should pre-empt this dismissal and hand in my notice now, or contact them to postpone the meeting date (they wrote that I could if it was not convenient) so that I can buy more time to make a decision/look for another job.

Having a dismissal for gross misconduct on my reference or CV is going to look disastrous in my next job search after all.

Any advice please?

For reference, this is a big company that has been in the news for slave labour investigations, with a poor reputation.

Are you being accused of theft?

Are you a member of a union or are you in a position where you can seek advice from a solicitor?

Do you have legal cover on your home insurance? Union? Have you spoken to Acas? Citizens Advice?

I think you need professional advice.

Full details needed.

Are you being disciplined for refusing to be searched?

If you're saying that they are firing you because you walked out past security at an Amazon Warehouse because they refused a woman a private area for a search, you definitely need advice from a professional, not Mumsnet.

Are you being accused of theft and you refused to be searched?

Would you need to use them as a reference for any future job? What evidence do they have of gross misconduct? Some companies will allow a resignation and be glad the situation is sorted without having to worry about ensuring they follow the correct legal process etc. Some won’t accept resignations when pending a disciplinary and will potentially continue with the hearing even in your absence and some will accept resignation but not me reason for leaving on system as resigned when suspended during investigation into gross misconduct. Be aware that if you did resign while suspended pending a disciplinary hearing, I believe it may be possible for them to give a future employer a reference to include this. If you do decide to resign then I would ask for a without prejudice conversation asking for a reference to be agreed stating resignation only. If agreed, I would want it stated in writing that reason for leaving on any reference would be resignation.

@NeverDropYourMooncup

If you're saying that they are firing you because you walked out past security at an Amazon Warehouse because they refused a woman a private area for a search, you definitely need advice from a professional, not Mumsnet.

Many companies have been accused of slave Labour from apple to H&M.

No it’s not theft,

it’s because despite requesting a private search room as stated in my employee handbook I’m entitled to, the company has never offered it, so i whilst not ever verbally refusing to be searched, I have always just walked through.

It’s not Amazon.

If its just a quick pat down and look in your bag, it doesn't really make much difference hetger they do that in the corridor or a room, so I suppose they see you as a trouble maker. If that's the case, they probably will dismiss you.

Have you been there longer than 2 years?

Even if you resign, ime, this doesn't necessarily mean that the investigation/disciplinary will be dropped. It usually is, but they can still proceed with it.

You need to speak to a union rep (if you are in one). When you say they are proceeding to the next step - do you mean to a disciplinary hearing? Have you been interviewed as part of the investigation process, or is this what you mean by the next step?

*whether

@LottyD32 no under a year.

The process involves standing in a queue at clocking out time, with around 200 colleagues heckling and chortling over who gets randomly buzzed for search, then to stand in an open cubicle in full view, asked to lift our top to the waistband, shake the top, empty pockets, turn around and spread our legs so that the male security guard can visually look us up and down.

There is no union rep available, and yes the next step is a disciplinary hearing after the initial investigation meeting where statements were taken.

"I need to consider whether I should pre-empt this dismissal and hand in my notice now, or contact them to postpone the meeting date (they wrote that I could if it was not convenient) so that I can buy more time to make a decision/look for another job.

Having a dismissal for gross misconduct on my reference or CV is going to look disastrous in my next job search after all. "

It wouldnt go on your CV and if you have other references you can use then you would just give them. There is no central searchable record or anything that tells a potential employer that you've been fired.

How long have you worked there? If only a short term then I'd just leave them off the CV altogether and be prepared to explain a gap in CV as 'taking some time out, or looking after kids' or anything that you want really.

If their company policy says you can have a private room for the search and you asked and were turned down for that then they are in breach of their policy. Just walking past the search each day though probably wasn't the best move on your part you should have asked for a private room each time.

I would contact your union rep , if you don't have one take your company hand book with you with the policy highlighted. They must prove you have refused to be searched , if you haven't you will be fine . They will probably try to push you out regardless of the outcome.

@brainhurts

I would contact your union rep , if you don't have one take your company hand book with you with the policy highlighted. They must prove you have refused to be searched , if you haven't you will be fine . They will probably try to push you out regardless of the outcome.

Not with less than 2 years service. They can dismiss for no reason (with notice pay) if they want to.