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.

What does their handbook say about ramdom searches and how they should be carried out. Have you ever been picked out for a search then just alked through instead. It sounds a horrible place to work and I would be looking for another job asap.

@HalfShrunkMoreToGo

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.

Company policy does say that.

I agree it wasn’t a good move, and sometimes I’ve asked the security guard, sometimes I just walk through, sometimes they just let people walk through, on one occasion he was having a nap.... there’s no consistency.

Union rep.
Or private union rep.
ACAS perhaps too.

Did you ever request a private room?

Is there any other reason (not saying it’s a justifiable one) why they might be looking to get rid of you? Are you approaching 2 years?

Seems odd to go straight to gross misconduct for something that they didn’t seem to be enforcing consistently before now.

You have no protection here unless it’s a protected characteristic. Sometimes unscrupulous companies will offload people around the time they would gain rights or when they informally become aware of a protected characteristic e.g a woman is TTC but nothing in writing and not yet pregnant.

If none of this applies, then it sounds like you are just being used as an example because they are having a crack down on their security procedures.

There's still a disciplinary case/investigation to be had.

You will (or you should) have the right to respond. Which means you will be able to put forward your view in your interview.

I'm trying to wrap my head around how this is gross misconduct though? It's a potential breach of the company policy but I'm struggling to see how it's gross misconduct.

@StipeFan

Phone these www.acas.org.uk

They're really helpful and free of charge and will guide you thru

You can get a private union rep - I organised one for a family member before - was absolutely brilliant ! Really made our case and it avoided the stain of gross misconduct on their record. Would absolutely recommend.

@mumda

Union rep. Or private union rep. ACAS perhaps too.

WTF is a private union rep?!

So of 200 people, everyone else stands in a queue, yet you just stroll on out, not even waiting to see if you're selected? What gives you that sense of entitlement?

Do you have your request for a private room in writing?

When you say you’ve walked past the guard, is there a system in place where you are supposed to line up and you’ve ignored it?

Have you been employed for more than two years?

There's no point resigning as a standard question on a reference is if disciplinary action has ever been taken. I agree that you need legal advice

If you resign during the process then any reference you get from them could be supplied as "resigned while under investigation for gross misconduct". So with that in mind, I'd ride it out and await the outcome.

on the face of what you've said here, I'd be very surprised if they went for dismissal on these grounds, but if there are other issues in the background (or they are looking to offload headcount) then it's always a possibility.

If you want to leave anyway then by all means request a postponement of the hearing and use it to job hunt - it will only be a few days though.

But my choice would be to see it through to outcome, then look for another job. That way if you don't get fired, you can't be listed as "resigned under investigation"

Just because 200 people are not holding the company to their written policy doesn’t mean what they are doing is fine. The policy explicitly states the “entitlement”

And, do you have any evidence that you asked for a private search room?

"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. "

Then she can't get unemployment benefit.

The letter should state the reason for the invention and the gross misconduct that you’re being investigated for.

Can you share what it says?

This is quite outing, you never know who could see this thread and posting very specific work issues on social media is usually frowned upon.

Ime you should absolutely resign. You have more to lose if you don’t.

I may have missed it, but what happened when you verbally requested a private room? Were you provided with one?

Sports Direct, at a guess.
If they dismiss you for this, take them to a tribunal. It's unacceptable for them not to offer a private room!

[quote StipeFan]@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.[/quote]
Understood.
But rather than waiting with your colleagues to see if you were selected for a search, and then making your point, you've walked straight past them all and out of the door.
Have I understood you correctly?

If so, it seems to me that you've repeatedly and deliberately circumvented one of their security controls and the disciplinary investigation is a fair course of action.
I suggest you get legal advice urgently.

A friend was in this position. It was a malicious allegation but the company still suspended him. He asked a solicitor to write a letter saying he would have legal representation at any hearing. The gross misconduct charge was sort of paused for over six months and he was on full pay. Then it was dropped as the time lapse was deemed excessive.

He asked a solicitor to write a letter saying he would have legal representation at any hearing.

With a few exceptions, there is no right to legal representation at a disciplinary hearing. You are entitled to be accompanied by a TU rep or a colleague, not a solicitor.

If they dismiss you for this, take them to a tribunal.

On what basis @Crimesean, given that they don't have two years service, and they cannot evidence their request for a private room?