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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think it’s just so unfair? *MNHQ trigger warning*

283 replies

WoodysRoundup · 23/04/2018 14:27

I’m basically on suspension from work whilst there’s an investigation as I was raped by a colleague and informed the managers.

But I’m on a zero hour contract with no time line of how long this will last, whether we’ll both be let go, or anything. I’m not working so I can’t get paid and I’m so frustrated that I can’t do my job and earn money like I’m the one in the wrong.

I’m sorry everyone I just needed to rant

OP posts:
ItsNachoCheese · 23/04/2018 18:24

Suspending you cant be right id be seeing legal advice asap

sweeneytoddsrazor · 23/04/2018 18:25

@Smeddum although the staff may be on zero hour contracts the AM and GM probably aren't. So yes in theory they could stop giving him shifts, but if there has been no concerns about his work and he has always been given shifts, could he not then go to higher management and say the shifts stopped when these allegations were made. Given that the OP has said she went straight to the Ams house following the attack, and the AM instantly sacked him, although this was subsequently overturned, surely this leaves management open to favouritism/unprofessional allegations. They for their own jobs have to be seen to be following the correct procedure

Smeddum · 23/04/2018 18:25

Know what, forget it. I don’t know how people expect you to process what’s happened and make the perfect decisions on what to do as soon as something like this happens

I think OPs last, distressed post makes it quite clear how some posters made her feel. I hope they’re proud of themselves, because what they did is nothing short of bullying.

Smeddum · 23/04/2018 18:26

@sweeneytoddsrazor from personal experience with DP when he was on a shitty zero hour contract, no. They can do it arbitrarily which is why zero hour contracts are so damaging.

BoxsetsAndPopcorn · 23/04/2018 18:29

The suspension can't last longer than your notice period so you do know the end date in the worst case scenario.

You need to report to the police, your employer is tied by employment law so can only do so much. He's very unlikely to admit it to them so unless he has less than two years service they can't do much at all.

There is plenty of external support out there, your employer can direct you but has no obligation to provide that support. You're blurring the boundaries between friends and employer.

TittyGolightly · 23/04/2018 18:30

Suspending you cant be right id be seeing legal advice asap

It’s is absolutely right. It is a neutral act to protect her.

TittyGolightly · 23/04/2018 18:30

The suspension can't last longer than your notice period so you do know the end date in the worst case scenario.

WTF?

TatianaLarina · 23/04/2018 18:31

Smeddon I’m not sure why you’re arguing the toss over zero hours contracts on a rape thread.

They have no reason to stop offering him shifts if they don’t believe he’s done anything wrong. It’s true that if they did believe he’d done something wrong or if they didn’t know but didn’t want the hassle, they could just stop offering him shifts. I’m not disputing that.

But it’s not the case that simply because he’s on zero hours contracts misconduct will not be investigated.

Tbh if they think OP’s struggling at work and may tell other employees - they may terminate her shifts instead - if they did she would have no come back. That’s why these contracts are shit.

Overthinker1 · 23/04/2018 18:31

Suspension isn’t a punishment it’s there to protect the innocent as well whilst investigations take place. That said you should be paid. Did they state whether you would be paid at all? I know we used to do an average of hours over the last 6 weeks for people who opted for 0 hour contract (madness to opt for one but hey ho). Did they state the reasons you had been suspended? Try not to listen to gossip from work colleagues as most of them will assume suspension means sacking. If you have any concerns you can still contact your HR department if you have one. I recommend speaking to a union if you have one too so you have support if you need to attend any meetings

Smeddum · 23/04/2018 18:34

@TatianaLarina I’m not sure how many times I need to explain that they don’t need a reason.

And out of all the shitty posts on here you take exception to what I’ve posted? Pfft.

Smeddum · 23/04/2018 18:36

Oh and the reason I was “arguing the toss” is because you kept asking questions! Hmm

ZX81user · 23/04/2018 18:40

How can the employers investigate a rape that didn't even happen on their premises? What authority, expertise and experience do they have that qualifies them to do this? Why aren't they going to the people who have ie the police.It all makes no sense to me!

TatianaLarina · 23/04/2018 18:41

I haven’t asked you a single question. And I don’t know how many times I have to say that I know they don’t need to find a reason. But they may investigate anyway as per conventional work practice.

DrTorres · 23/04/2018 18:43

Some of the employment law advice on here would be laughable if it wasn’t so serious.

Just...stop. Please.

Obviously not Titty

MirriVan · 23/04/2018 18:43

This reply has been deleted

Message withdrawn at poster's request.

DrTorres · 23/04/2018 18:43

Suspension can’t be longer than your notice period? What?

sweeneytoddsrazor · 23/04/2018 18:44

Why aren't they going to the people who have ie the police.It all makes no sense to me!

Because the victim does not want to go to the police

Smeddum · 23/04/2018 18:44

@TatianaLarina I stand corrected, you didn’t ask questions. You made statements that I responded to. Anyway. OP has long since disappeared because of the shitty comments which no doubt haven’t helped her, so I’ll withdraw from the thread now since the OP isn’t here.

MirriVan · 23/04/2018 18:45

This reply has been deleted

Message withdrawn at poster's request.

EdmundCleverClogs · 23/04/2018 18:47

Suspension can’t be longer than your notice period?

DrTorres

The op handed in her notice prior to being suspended. So the op is leaving her position regardless of the outcome of the suspension, so I read that as either way, this work investigation will be concluded soon.

TatianaLarina · 23/04/2018 18:47

No worries, Smeddon, take care.

DrTorres · 23/04/2018 18:48

Oh right I see. I missed that. Thanks.

I thought it was just a statement of the law and was —horrified— confused.

Smeddum · 23/04/2018 18:49

@TatianaLarina you too Smile

Blackdogsrock · 23/04/2018 19:01

Suspension whilst an investigation is normal practice, but it should be done in such a way that there is no detriment suffered by either party and is normally on full pay. You need to get legal advice ASAP .
So sorry you are going through this, in my view zero hours contracts should be banned

ZX81user · 23/04/2018 20:16

OP should have raised a formal grievance against the other employee. That gets investigated and if there is a case to be answered the employee concerned would be taken through the disciplinary procedures.
The burden of proof is completely different.

I am wondering what sort of evidence could the employer collect in circumstances like this?

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