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.

@Spanielsarepainless

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 wasn’t entitled to legal representation though.

@LizDoingTheCanCan

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?

Not to mention the 3-4 year delay on Tribunal claims.

I work somewhere where we are searched in and out

You sound like trouble tbh

That search method is standard no matter how much your description has tried to make it seem worse

There is no reason this type of search needs to be done in a private room - Are you sure the private room search option isn’t for more detailed searches (in my work t would be the second search)

Just walking past is defo a security breach as you haven’t followed policy by queuing and waiting to see if you are selected

Hoping OP comes back and clarifies a couple of bits as PPs suggesting she is trouble etc may be being a bit harsh.

Obviously if a private room was provided when OP had requested it previously, yet continued to circumvent the process then she is definitely at fault. But if no room is available, then, whilst not going through the correct process to raise it, has a point

That’s written quite incendiary and emotive, spread your legs so the male guard can look?

I’ve been on many company searches and it usually is obligatory.

I think you’re in a difficult situation. Did you escalate it to hr and say you would only be searched if a female only private room was available?

WTF ....are you mining diamonds?

@StartingGrid
‘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?’

No, that isn’t what happens. We all wait in line, a random buzzer selects who is to be searched, whilst this happens, heckling and laughing directed at the selected employees, wolf whistling at the younger women who have to lift their top to the waistband, etc.

If I am selected, I will sometimes whisper to the security guard I want a private room. It’s never been offered. There’s no sense of entitlement from any of us who don’t like the procedure, for example some of the people with aspergers or similar issues, choose to wait 15 minutes until the queue has ended before stepping up.

@Orchidsonthetable it’s just factual. The security guard will use the words ‘turn around and spread your legs please’.

I understand this might be common practice, however, the issue is the lack of privacy and dignity (both those values are mentioned in the employee handbook as being upheld) as it is conducted in full view of hundreds or employees, who will heckle, laugh and wolf whistle.

@BrimFullOfAsher a private room has never been offered despite repeated requests made verbally, and on one occasion, mentioned on the company social media page. The comment was deleted so I have no evidence of the request, and no witnesses will have heard my request at the security gate because I have a quiet voice and would have wanted to maintain discretion.

@Watapalava “you sound like trouble”
No, I have never been subject to any warnings or disciplinary procedure in my entire 30+ working life.

The company is in a slow time right now, the managers have said they’ve ‘never seen anything like it’ in this industry at this time of year. I’m assuming people are not buying as much of the product due to recent increases in utilities, fuel and food prices prices, related to the Ukraine issue.
It’s the sort of company that can lay off staff because they offer competitive pay rates and an easy in/easy out/easy return recruitment process.

I should lastly add, company policy states we have the legal right to request a private search room.

Despite repeated requests, it’s never been offered.

Whatever your own grounds are, it sounds like a very demeaning process to endure

I couldn’t be arsed with all the wolf whistling either

They should have two queues

How do they want people to request a private room, does it have to be in writing or through h.r, is it available for everyone and does it state that it might not always be available, you said you whisper in the guards ear so what do they do, just carry on as if they havent heard you. I am surprised management allow any silliness and wolf whistles during this, it sounds pretty pathetic and unprofessional behaviour from the staff and maybe it needs to be supervised.

You do need someone with you. Union rep if possible or at the very least someone writing notes.
The whole process sounds demeaning and very unpleasant.
If they say in the handbook can be done privately, that is the point to emphasise long and hard I think.
Get your name cleared, neutral reference and move on asap.

This company sounds dreadful. You should take this to the newspapers.

I wonder if this can be turned on them? As Blankets Banned says, and others, a demeaning process that needs to be rethought out. Also they are not following their own company guidebook.
More I think about this the less they have a leg to stand on.
Even if working under 2 years you have the right not to be harrassed as some women sound like they are. Not on.

as someone else has said ,do contact www.acas.org.uk . If the set up is as you have described then they are settling themselves up for trouble if you decided to pursue a grievance, as it sounds highly demeaning and they are breaching their own policy .Have you ever been asked about your refusal by a manager? Have you ever had a argument with the security guard about it...just wondering why its gone straight to this level without any warnings? Do they ask the same of a Muslim or orthodox Jewish employee who wears a hijab or modest attire? Has any else raised similar concerns or been disciplined for similar behaviour? please make detailed notes about everything you can recall to date and make detailed notes of any meetings/contact with management.

Is it men that are doing most of the heckling? If so I would make that a big issue in that you feel humiliated. What to do from here, you haven’t said if you are in a Union so I am assuming you are not. Phone ACAS first thing tomorrow and ask for advice. They will help you and I know people that found their advice to be excellent. Don’t delay do it tomorrow.

I’m guessing jd sports

Acas could be worth a call. This the male security guard can visually look us up and down. could be a possible issue. If you are female there should a female security guard, not male. I am no expert but would expect them to be under the same rules as police, airport security etc if it involves physical body searches, not sure about visual ones.

Have you ever been asked about your refusal by a manager? Have you ever had a argument with the security guard about it...just wondering why its gone straight to this level without any warnings?

A manager once asked me about it, I explained my reasons and the room request, it never went any further.
I’ve never had arguments with security guards about it, I barely speak to anyone as it is, I’ve only ever asked them at point of search. Someone upthread said i ‘whispered into their ear’, that isn’t what I did. I spoke quietly.
I don’t know why it’s gone straight to this stage, I’ve had no prior warnings about it.

Has any else raised similar concerns or been disciplined for similar behaviour?
I wouldn’t know, as that would be confidential.

Try going to the arbitration service, and get a solicitor. If you have not refused a search when selected then how can they be accusing you of gross misconduct ? Accusing you of any kind of misconduct is slanderous ( or libellous if put in writing)and its such a vague, catch all term. Stand up for yourself.

@StartingGrid

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?

I can't lie that this was my thought too after reading the OP's updates. I can see both sides, presumably checks are mandatory and you've deliberately chosen not to abide by them, equally it sounds like they aren't fulfilling their own policy either. I'd feel differently if you'd said you were waiting along with all your other colleagues and then when selected for a search you asked for a room and weren't given one. It doesn't actually sound clear though as to whether you ever have been selected, asked for a room and had this declined (sorry if I missed this).

You did say earlier that if you are selected you will sometimes whisper to the security guard that you want a private room which they may deny or if he is a dense twat may think you are flirting. .can you google the company searching employees procedure.

I'd feel differently if you'd said you were waiting along with all your other colleagues and then when selected for a search you asked for a room and weren't given one.

That is exactly what has happened. Several times I’ve asked. It’s never been offered.

Do you have any witnesses?

However, as a woman, with clear evidence that there's no private room for you (they'll be able to ask any employee if that's the case) my feeling is that they're on v thin ice.

You do need a Union rep or someone with you.

I'd also consider taking it to the papers.