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Suspended from work

37 replies

ilovemybath · 16/09/2018 00:02

www.mumsnet.com/Talk/_chat/3300161-suspended-from-work-and-feeling-pretty-crap

Hi all. Everyone keeps telling me to post on legal, so here I am! I don't want to take it to court or anything but I think I could do with knowing my rights a bit, as I'm feeling a bit out of my depth.

Thank you!

OP posts:
prh47bridge · 16/09/2018 08:12

That is a very long thread for people to read. You might get a better response if you post a summary of the situation here.

ilovemybath · 16/09/2018 10:19

I was suspended from work in June as a member of staff stated I had broken protocol. She had no evidence and was basing it on something someone else had said. I have not done what they are accusing me of.

I was asked to leave that morning while they had a meeting, but told not to leave the premises while they decided what to do, so I sat in my car for hours until my union told me to go home.

The next day I was told I couldn't work but was asked to come to work to do audits etc in managers office. I declined. They told everyone I was off sick. They told me I was to take annual leave. I said this wasn't appropriate. They said they would look into it.

They got back to me the next day to say I was on authorised leave and to come to a meeting the following week. I still didn't really know what it was about.

Went to meeting, a week after I was sent home and was suspended. One sentence given to me about the allegation.

Asked to come to an investigation meeting almost two months later, where I told them I hadn't done anything.

In this time, I had resigned. They took a week to reply and then I had several emails telling me four different final dates, before they agreed on the date I had originally given them.

They have told me the investigation is to continue and I have to comply with it all, regardless of my resignation. But I haven't heard anything since the investigation meeting, which was now around a month ago.

The union have said they don't represent now I have resigned.

But nothing seems to be happening. I want to be able to get on with my life and have some kind of closure to this. They did finally allow me to collect my belongings last week.

I did originally post because I was so sad and lonely that I had been told I couldn't speak to any employee, including a relationship I was in. But slowly people have come back to me, and I've found out who my true friends are.

OP posts:
ilovemybath · 16/09/2018 10:19

Not sure I've actually made that much shorter!

OP posts:
Aaaahfuck · 16/09/2018 10:24

Are you currently looking for work? Did you agree their approach to a reference?

ilovemybath · 16/09/2018 10:31

I'm moving into education in order to change career so haven't needed a reference.

OP posts:
VanGoghsDog · 16/09/2018 10:34

You might need a reference in future. Has your notice ended now and have you been paid up to your notice including accrued holiday pay?

Is it a regulated industry, like banking?

ilovemybath · 16/09/2018 10:37

I have a few weeks left of my notice.

If I don't need a reference now, what can I do if I need one in he future?

OP posts:
ilovemybath · 16/09/2018 10:38

Is there anything I can do to speed the process and get an end to this - it doesn't feel like it will be over before my notice is.

OP posts:
VanGoghsDog · 16/09/2018 10:54

I doubt it, just wait til the end of your notice period.

I would write to them asking them to ensure payment for holidays accrued up to the end of the notice period are included in your final payment, and in that letter state that you expect them to give a basic reference detailing the dates you worked there, if requested. State it, don't ask. See if they reply.

By the way, the union represents you until the end of your notice, assuming you've paid subs til then. They sound lazy, contact their head office.

ilovemybath · 16/09/2018 10:57

I think I've actually taken more leave than I should have in five months - they have counted the leave I've taken while suspended - will I have to pay this back somehow?

OP posts:
sanssherif · 16/09/2018 10:59

Good god i cant believe this is still dragging on x

VanGoghsDog · 16/09/2018 11:02

You can't take leave while suspended, surely it's one or the other?

What do you mean by 'in five months'? When does your notice end?

BoneyBackJefferson · 16/09/2018 11:02

they have counted the leave I've taken while suspended

This isn't leave. They have asked you not to attend work.

Singlenotsingle · 16/09/2018 11:09

If you've resigned, why did you give such a long notice period? At least you'll be paid for it, I suppose.

ilovemybath · 16/09/2018 11:16

I had to give two months, it's in my contract.

I had holidays booked and things to do with the DC during holidays. They told me I had to request leave the same as if I was in work.

I'm counting April until now. I've effectively taken almost a years worth of leave, as I didn't plan on leaving. But I wouldn't be entitled to the full year now I'm leaving part way through.

OP posts:
VanGoghsDog · 16/09/2018 11:29

I wouldn't be entitled to the full year now I'm leaving part way through.

Yes, I think we understand that - but to the end of Sept it's 6m, not 5m. Abnd a bit more if your notice takes youi over the end of Sept.

You need to worjk out what they owe you, or you owe them.

But you can still send a letter - even if the accrued holiday means you owe them, they need to work it out - and you need to ensure they understand that you still accrue holiday while suspended and while in your notice period.

They sound idiotic, to be honest, so you need to lead them by the nose.

Is it a regulated industry? This affects whether you need to continue to comply with the the investigation after you've left.

ilovemybath · 16/09/2018 11:32

Ok not sure if I understood how long I condo calculate it over either!

They aren't doing the best job of it all are they?!

They have even contacted me twice whilst I've been off to ask for help!!

Not sure if i know what regulates industry means?

OP posts:
VanGoghsDog · 16/09/2018 11:45

If you're not sure what regulated industry means, you're probably not in one :)

Like banking, some education, utilities etc.

You have no need to continue to help them after your notice ends.

ilovemybath · 16/09/2018 11:47

Ah I googled. I am regulated Blush

Does this mean I do need to carry on?

OP posts:
Bombardier25966 · 16/09/2018 11:57

The investigation may continue after you have resigned, and after your employment has ceased. Is it the NHS? If so, there are cases that have taken years - although they are exceptional - but I wouldn't expect it to be over quickly.

If you're going into education you will need a reference.

What do you want to happen now? Aside from it all being over (understandable). From what I can see you need to confirm and receive any outstanding pay, and confirm what reference will be given.

Are you still in your notice period?

notapizzaeater · 16/09/2018 12:00

Surely they need to give you the option to clear your name ?

Bombardier25966 · 16/09/2018 12:01

Re the annual leave, is the AL taken during suspension to go away etc? If so, it's correct that it would be deducted from your allowance. During suspension you need to be available to your employer, so if you're not then you'd need to use holiday. Standard suspension should not come from your AL allowance though, as you are still available for work.

(Also you will still accrue AL entitlement during the suspension.)

Bombardier25966 · 16/09/2018 12:03

Surely they need to give you the option to clear your name?

That's why the investigation will continue. The outcome should not be a foregone conclusion.

Unfortunately, because the OP has resigned, they would not be entitled to return to work if the outcome is in their favour.

ilovemybath · 16/09/2018 12:11

I couldn't go back now, after all that has happened. I was already wanting to leave, I had had enough already.

Yes I went on holiday. I actually had it cleared and they called me whilst away and tried to lecture me about it. Until I reminded them of their policy and how I had followed it.

OP posts:
VanGoghsDog · 16/09/2018 12:18

As it's a regulated industry, it now sort of depends what the issue is and your role in it.

In pure employment terms, they cannot compel you to return and take part in the investigation. But, if it's a legal matter, then they may be able to.

The holiday thing - yes, holiday you booked and took during suspension counts as holiday, but time you were told not to come to work is suspension and not deducted from your annual leave allowance.

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