Can you claim constructive dismissal whilst suspended?

[UtterlyDesperate]

This is a very idenyifying situation, so I am really wary of posting specific details though I appreciate they would help.

I have been suspended at work based on two allegations - the first is ridiculously untrue and the second is, unfortunately, true, but there is mitigation slightly as it was result of an issue caused by their failure to make reasonable adjustments (not excusing myself)

I have seen similar things happen before, and there is no way that they are going to investigate and clear me. I have been asked to give in my ID, keys, company property etc, forbidden to talk to/contact anyone and have lost access to my email and company website.

There is no commercial reason to do this, and it has no bearing on the allegations. However, it means I can no longer access company policies (about gross misconduct or discipline etc) or my inbox. So I can't access the evidence that proves they first allegation is nonsense, or demonstrate the failure to make reasonable adjustments that led to my panicked decision which resulted in committing the second allegation.

I feel the decision to cut me off over this is deliberate and a sign that they have made up their minds already that I am guilty of both. I am obviously devastated, as to be sacked for gross misconduct is career ending.

I am wondering whether just to resign now, but I am also quite angry that they are able to do this. Men in the company have committed very flagrant gross misconduct, and it's been brushed under the table. I am a disabled person, who has been on sick leave recently as a result of my disabilities and workplace stress caused by bullying, but feel as a result of the suspension and denial of access, I can't even get the evidence I need to prove my innocence on one charge and demonstrate the cause of events in the other.

I'm sorry this is a long post, but am devastated (if you recognise me, please don't out me) and am just wondering what options I have. I'm furious with myself over the second allegation, although my actions were consistent with my diagnosis.

My union rep is away atm

If anyone has any suggestions or advice, I'd be grateful. I don't know whether to contact HR on Monday and admit the second allegation and claim mitigation, or whether to resign, or whether a tribunal is an option.

Acas has a long guide on Discipline and Grievance at work. You can look at good practice and check that you are being dealt with appropriately at every stage.

Given the lack of communication so far, I would be making an appointment to see an employment solicitor. You can at least start to build up a case if the procedures they follow are unfair.

Your HR dept is clearly a shambles and unprofessional. They won’t suspend staff every day of the week and it sounds like they are running away from their responsibilities. I would get legal advice on this too. They may give you the policy when they have investigated and know what they intend to do.

You should argue strongly that other strategies should have been in place for you to enable you to function appropriately. Counselling for example. I think this is why you should consult an expert. Your unuion sounds useless too.

Thanks so much, @BubblesBuddy- still no help from the union (someone has been calling me back every day this week - except, of course, they haven't...) I have called a few employment solicitors - basically just to get some advice, because I can't get hold of the union: I state that I'm happy to pay for said advice, but getting called back by local firms seems impossible. One of the national firms has called me back - I had to explain everything, and the paralegal said, "gosh, this is very complicated" and has arranged for someone to call me back tomorrow. So hopefully, I'll have some idea what I can do and whether to cough now etc

Acas weren't helpful on the phone at all, but the guide you mention was v helpful

Thanks again so much for your help: I'm a total idiot.

No you are not!!! I thought the guide would help you know what should happen. I am surprised at the solicitors. Are they employment law specialists? Can you call in and see someone? Just drop by? They won’t avoid you then!

I've engaged someone at last - he will read the paperwork I have, write any letters needed and advise me on how to proceed etc It's taken all my savings, but I think it's worth it, in order to be able to potentially avoid never being able to get a professional job again. It was one fee for everything up until a potential tribunal - I do feel hugely let down by the union, though: I get that I have to speak to whoever it is that deals with this, but for him not even to attempt to call me in the space of a week seems unreasonable, especially as they are aware I can't talk to my work rep without HR permission (still not given)

I see from the Acas guide that it's recommended that they contact you with details of the disciplinary hearing within 5 working days, but I'm not holding my breath. It's such a kick in the teeth after bending over backwards through loyalty and commitment, and when I know that so many very serious issues of gross misconduct have been brushed under the carpet. I realise I'm sounding as though I am minimising, but honestly, in the grand scheme of things, even without mitigation, the second allegation is not comparable with eg gaining money through false claims or sending drunken, salacious emails around the staff list... But: clearly they want me gone, and didn't, for whatever reason, want those men out, so I just need to make the best of it. It's so isolating, though, and even if I didn't have MH issues, I think I would be seriously struggling right now from all the stress of the process and the refusal to engage. Still, hopefully next week will bring some news