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

108 replies

StipeFan · 12/03/2022 22:35

‘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.

OP posts:
StipeFan · 13/03/2022 20:43

@WarriorN there’s potentially 200 fellow colleague witnesses, but I don’t personally remember any of them by name.

I’m not in a union but will Google how to find a union rep to accompany me.

I’m not taking this to the papers, as I said early on, drawing attention to myself would be my worst nightmare.

OP posts:
BigRedDuck · 13/03/2022 20:54

You need legal advice and a union rep pronto.

And if you have a copy of that request to a manager, find it.

Watapalava · 13/03/2022 20:57

It’s a pat down on entry and exit not an internal search! I dont know your policy but this first level search would not require a room in my workplace and we are searched everyday in and out

It’s a two min pat down with bag and shoe search

It’s part of our contract and signs everywhere saying it’s mandatory

I imagine your workplace is same

I think your massively over reacting to prove a point and other posters who haven’t experienced this are egging you on

I bet colleagues think your behaviour is very entitled

Interested in this thread?

Then you might like threads about this subject:

WarriorN · 13/03/2022 21:08

What if the op had experienced sexual assault before and this is therefore and extremely uncomfortable situation to be in?

The policy is there for a reason.

StipeFan · 13/03/2022 21:11

@Watapalava * It’s a pat down on entry and exit not an internal search! I dont know your policy but this first level search would not require a room in my workplace and we are searched everyday in and out
It’s a two min pat down with bag and shoe search
It’s part of our contract and signs everywhere saying it’s mandatory
I imagine your workplace is same
I think your massively over reacting to prove a point and other posters who haven’t experienced this are egging you on
I bet colleagues think your behaviour is very entitled*

Your company may have a 2 minute pat down and bag search, other companies vary.
Our company search is very different to your’s.

OP posts:
StipeFan · 13/03/2022 21:12

@WarriorN Thankyou

OP posts:
Nelliephant1 · 13/03/2022 21:20

I don't understand why you'd want/need a private room. Lifting a top to waistband height is certainly not revealing and standing so that any hidden products can be seen is again not revealing at all. I'm sure the majority just see it for what it is a non intrusive inconvenience that they get over and done with as quickly as possible so that they can get in their merry way and not snag everyone else up by expecting a private room which is completely unnecessary.

StipeFan · 13/03/2022 21:27

@Nelliephant1

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, the young girls are wolf whistled at, although admittedly this is ‘banter’, 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 to face the wall, and spread our legs so that the male security guard can visually look us up and down.

For those employees with aspergers or anxiety issues, or for religious reasons, or because of past trauma, the experience can be intimidating, and the company offers a private room on request. The issue is that the company never actually does provide a private room when requested, despite it being an employee’s legal right according to their policy.

OP posts:
WarriorN · 13/03/2022 21:36

It sounds a fucking nightmare.

Employees are clearly being put in positions where others could (or are) humiliate them.

You definitely need someone with you op.

greyinganddecaying · 13/03/2022 21:37

So OP, if you get selected and ask for a private room, what happens? Do they insist on searching you there? Do they let you go?

Do you now ignore them if they select you and keep walking out?

BeingATwatItsABingThing · 13/03/2022 21:44

I would hate this search method! Everyone watching and wolf whistling would have me quitting.

I worked at a well known chain shop that had searches at the end of shifts. We’d choose a token that would tell us where they would search: bag, locker, pockets, car… None of them involved the searcher touching us or asking us to spread our legs.

BeingATwatItsABingThing · 13/03/2022 21:46

Pressed post too soon!

I would definitely get union representation or ACAS support before your meeting and emphasise that you requested the private room as per their policy and this was denied.

JemimaPiddleDick · 13/03/2022 21:53

I’ve heard of a company that makes their staff undergo this kind of treatment after the end of their shift and it’s pretty shitty IMHO.
This company’s advertising used to describe themselves at The UK’s number one. When I heard about this o started shopping elsewhere for sportswear.

Watapalava · 13/03/2022 22:05

I get where ur coming from op but the behaviour of those in queue is separate (rho should be assessed via complaints)

So what has happened previously when you’ve queued, been selected and asked for room?

Previously you mentioned you walked past guard - this alone would lead to dismissal in my work place

declutteringmymind · 13/03/2022 22:30

You've been given the gift of time. Firstly delay it while you seek suitable representation.

Put in a grievance against their current procedure and how you have been treated unfairly. (Although I'm no union rep).

write down, in chronological order when and to whom you requested the private room, about the heckling and loss of dignity you have suffered as a result.

You haven't thieved anything, and nothing has ever been found on your persons that shouldn't be there so what are they accusing you of exactly? Have others walked through and been dismissed? If not you could be being victimised.

BlanketsBanned · 14/03/2022 08:39

Its a completely pointless search anyway, if all the staff know what they ask you to do then they can just stuff things in their bra, shoes or down their pants and if you wear trousers nothing will fall out. It aounds like the guards are wannabee military or police cast offs. That would be my complaint.

mumonthehill · 14/03/2022 08:51

I really feel for you, DS worked for a short time in a warehouse place and could only wear non branded clothing including pants and socks. If he was chosen he would be searched including showing the top of his underwear. It was all due to theft of high end branded goods. It is not nice at all and he felt not worth the low pay and poor conditions.

TodayWeShark · 14/03/2022 08:58

If you are being wolf whistled at work, heckled etc. - this is sexual harassment, particularly as it appears to only be aimed at women.

Your employer has a duty to protect you from this in the work place.

Contact any of the free women's right's employment lawyers for advice.

StipeFan · 14/03/2022 12:23

Thanks for advice so far, I’ll update after the next stage meeting later this week as it’s been rescheduled.

OP posts:
Newestname002 · 14/03/2022 15:48

@StipeFan

Thanks for advice so far, I’ll update after the next stage meeting later this week as it’s been rescheduled.

Good luck!

WhatisanODP · 15/03/2022 17:47

Best of luck with the meeting

StipeFan · 17/03/2022 13:18

Update. Invite to attend another investigation meeting shortly. It’s not the next stage Disciplinary Hearing they said, just another investigation meeting.

Also this time I’m not permitted to have a companion with me.

I’ve tried CAB but they’re appointments only and can’t get through to their helpline, and not in a union so no local rep to advise.

I’m to attend in uniform, so I think it’s to clarify by demonstration (?) the search policy, as currently the security staff have breached their own policy ; our employee contract doesn’t specify those specific search requirements above that security staff have been asking us to do (it’s clearly stated what they can and can’t do, and the lifting up of underwear (that is, clothing beneath our outerwear, not lingerie) isn’t in the search policy.

Not having a companion present to support me this time seems unfair Confused

I’ll update after. It may well help anyone who’s also going through similar at work.

OP posts:
brainhurts · 17/03/2022 13:21

Best of luck op , maybe try ACAS.

AffIt · 17/03/2022 13:29

Also this time I’m not permitted to have a companion with me.

Is this even legal in the UK (or the EU, if you're in Eire)?

I'm so sorry, I haven't RTFT to see if you are a member of a union, but if you are, get on to them double-quick.

Alternatively, if you have a mortgage, you should have legal cover included in that which would allow you to access a solicitor.

This all seems incredibly dodgy.

AffIt · 17/03/2022 13:30

and not in a union so no local rep to advise

Whoops, just read your most recent post properly.