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.

@AffIt

ACAS website states ‘If the employer investigating feels they need more information, they can go back and investigate again.’

Its at the company’s discretion if they allow a companion to Investigation Meetings, but law at a Disciplinary Hearing.

I was permitted at the first Investigation Meeting, but they have withdrawn that companion offer for the impending second Investigation Meeting.

I’m not in a union, and have worked there just under a year. No mortgage so no access to a solicitor. I’m UK.

@StipeFan

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

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

That sounds odd, but if that is the case, state you want a chaperone in the room with you.

I bet colleagues think your behaviour is very entitled

Maybe they do, but only because they'll have been brainwashed into thinking that the employer is doing them a favour by giving them a job. And how is it entitled to avoid wolf-whistling and heckling? It sounds pretty horrible as well as potential breach of the Equality Act.

OP you should be allowed to take someone with you to an investigation meeting but ACAS says it's only good practice, not an entitlement. I would try and insist if you can though.

You’re not legally entitled to a colleague or union rep for an investigation meeting, no.

You have made a request that is within their own policy. If you are sacked for this would you have grounds for unfair dismissal?

The company have now allowed a companion.

@lunar1 possibly

@lunar1

You have made a request that is within their own policy. If you are sacked for this would you have grounds for unfair dismissal?

Not with less than 2 year’s service.