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Original poster

Work investigation

40 replies

redmaggie · 09/10/2018 10:30

Hi all. Could anyone advise me on what my chances would be for constructive dismissal. I have been on suspension with pay for a year while investagation into gross misconduct continues. I heard nothing for 9 months from suspension and only got my investagtion meeting 3 weeks ago. I am considering moving on to another job and wondered what my chances would be of winning constructive dismissal claim . Many thanks for listening

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flowery · 09/10/2018 10:35

What would be the basis for your claim? Purely the length of time the investigation has taken? I agree that a year is ridiculous and no investigation should take anything like that long, but my understanding is that in some sectors, like the NHS, it's not necessarily unusual (if absolutely appalling and a gigantic waste of money!). There's also no excuse for your employer not contacting you for 9 months. Whether that alone is enough to claim constructive dismissal is a different matter.

When you say you are considering moving on to another job, do you have one lined up? Bear in mind that compensation for constructive/unfair dismissal is purely financial loss, so if you've been on paid leave for a year and leave to go to another job, unless the job is significantly lower paid, you will have little or no financial loss to claim, therefore it won't be worth pursuing.

Original poster
redmaggie · 09/10/2018 10:52

I believe they have failed in there duty of care and trust to me and as much as I don't like to walk away without clearing my name i dont believe i could work for them anymore but don't want them to get away with treating me like this..I know they have paid me during this year but the complete stress this has caused me has been a nightmare and now take medication as have panic attacks..I have been offered another job but heart not in this one and have another job interview this week..Just wondering if I should stay put and fight it through and hope they will do a compromise agreement with me which would be 6 months pay as I have been there 16 years. Advise greatly appreciated

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daisychain01 · 09/10/2018 19:56

The fact they have continued to pay you for the past year and you have accepted that situation makes it unlikely that a claim for CD would be viable.

I'm not sure I fully understand why you want to pursue this thru a Tribunal when you have a job opening on the horizon. What is your loss? I'm asking in a devils advocate way not to be obtuse.

cp2016 · 09/10/2018 20:28

You should get some legal advice. A lot of places do half an hour or 15 mins free on the phone. Or you may have legal cover with your household insurance. Check the details. As the previous person has said you only get compensation for loss of earnings. Good luck

Original poster
redmaggie · 09/10/2018 22:20

Get the point you are all making but guess because I was in job for so long and loved it but feel I am being pushed out with length of time it taking them that they should be made to pay me compensation in some way. I didn't ask to be in this position and if they were paying me off any other way id have to be gave 3 months pay. I was never accepting the suspension and I kept asking them for updates constantly and was just told they didn't know anything yet..law really does not protect us as workers if company's can suspend for so long without closure.

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Original poster
redmaggie · 09/10/2018 22:27

Just wondering where I stand law wise before making any harsh decisions as been with them so long and hard to move on.

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daisychain01 · 09/10/2018 22:46

I didn't ask to be in this position and if they were paying me off any other way id have to be gave 3 months pay.

You need to be realistic in your expectations. They've paid you for a whole year, so instead of going to work, you've had a year off, which has enabled you to seek and secure new employment. Clearly your gap in employment hasn't held you back. You've saved on travel expenses, clothing and other expenses, during that time. You've also had employer contributions into your pension presumably?

I'd say that was a better deal than 3 months' payoff.

Have they dropped the investigation? Did they tell you anything about what their accusation was?

flowery · 09/10/2018 23:01

”I have been offered another job but heart not in this one and have another job interview this week..Just wondering if I should stay put and fight it through and hope they will do a compromise agreement with me which would be 6 months pay”

Why would they offer you a settlement agreement and on what basis do you assume it would involve 6 months’ pay?

Original poster
redmaggie · 10/10/2018 10:23

From what I have researched if win an unfair dismissal or constructive dismissal claim there is a basic award and a compensatory award. Basic award takes in account length of service and compensatory takes into account any wages or losses you would have encountered and if a fair procedure was done during investagtion. Also as of started a new job it wouldn't have same rights for 2 years in new job so this is taken into consideration . The fact i was getting paid as last year is irrelevant as this is statutory while investagtion continuing.

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TheFaerieQueene · 10/10/2018 10:28

This is far to complex a situation to post here and make a decision. Speak to a good employment lawyer (not a high street family law firm) and proceed from there. If you want to take a litigious path you will have to be prepared to spend some money.

Original poster
redmaggie · 10/10/2018 11:12

Yes thanks starting to realise that..thanks for help everyone

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flowery · 10/10/2018 14:33

"From what I have researched if win an unfair dismissal or constructive dismissal claim there is a basic award and a compensatory award. Basic award takes in account length of service and compensatory takes into account any wages or losses you would have encountered and if a fair procedure was done during investagtion"

Yes but just because you'd get £x if you won at a tribunal doesn't mean your employer would be prepared to offer you anything like that in a settlement.

Original poster
redmaggie · 08/02/2019 10:32

Just a wee update folks. Been suspended on full pay for a year and 4 months now. Still no word about a disciplinary and investagtion completed 3 months ago.

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wigglypiggly · 08/02/2019 14:34

That sounds stressful not knowing what's happening, are you in a Union or spoken to ACAS. Do you email them for updates and asked what the outcome of the investigation is.

Bombardier25966 · 08/02/2019 14:38

Did you not take the other job?

daisychain01's advice is sound, as always.

Original poster
redmaggie · 11/02/2019 10:43

Hi, no didn't take other job as decided to let investagation run it's course..investagation was completed 3 months ago and still waiting on decision..

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Original poster
redmaggie · 11/02/2019 10:45

Have sent numerous emails asking for updates as past year and get told be as long as it takes basically..not in a union but solicitor said best to let it run it's course and go for unfair dismissal if that happens

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Bombardier25966 · 11/02/2019 10:54

In declining the new job you've failed to mitigate your situation. I think it was mentioned previously that a tribunal award wouldn't be particularly large given that they have paid you and you failed to take another job.

Realistically, do they have any evidence against you, even if not legitimate could they make it stick?

I can't imagine how stressful this is for you, I truly can't. But you need to look after yourself and sometimes that means cutting your losses (in this case which would be none if you got a new job) and moving on.

Bombardier25966 · 11/02/2019 10:55

And for the future, please join a union as soon as you start a job!

Original poster
redmaggie · 11/02/2019 11:02

Hi thanks for understanding..I have 2 jobs in same establishment..I am suspended from one so I am technically still employed and would have to resign if left..
As I have worked here for 17 years it is very hard to leave without clearing my name..and I also think to myself why should I just walk away when I've done nout wrong and make it easier for them. Some say walk away for own sanity and some say to let them pay away at me if there so stupid in there delay. Just think if I left would I be able to love with myself for not fighting..Just frustrated to be honest..

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yummumto3girls · 12/02/2019 23:12

I work for an organisation that can take long periods of time to investigate, however no contact or update is just not fair. Why don’t you raise a grievance and see if this nudges anything?

Original poster
redmaggie · 13/02/2019 10:08

Yummunto
I already raised a grievance back in October which they answered and assured me process be completed end of November..investagtion was completed by then but still no work on decision if it to proceed to disciplinary..have emailed them yet again for outcome and there to get back to me..I have been the one keeping emailing then asking for updates and never once have they contacted me. It's a real shambles

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SileneOliveira · 14/02/2019 17:14

Is this a public sector job? It's outrageous that someone has been paid 16 months salary and counting to sit at home and twiddle her thumbs.

greendale17 · 14/02/2019 17:17

How on earth do you get to be suspended with full pay for 16 months?????

Original poster
redmaggie · 15/02/2019 13:08

I totally agree with you all. Complete waste of money. Guess it must be easier for them to pay me than resolve the issue..this is not my doing as I have contacted them regularly asking for updates and just kept being fobbed off saying human resources out on sick and then another person takes over and then goes on sick..I just want case resolved and be allowed to return to my job..

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