Suspension

[Eeyore2019]

I was suspended from work (NHS) 5 months ago. There has been an investigation and I know that these things take time. The investigating officer said she hoped to have the report done soon. The witness interviews were concluded in Sept.

I am struggling hugely. I am not allowed to contact any work colleagues and they can't contact me. My mental health has deteriorated as a direct result of the process.
I am lonely, missing the mental stimulation of work and feel isolated. I was told suspension is a neutral act but it doesn't feel it.

Can they just keep stringing me along with seemingly no end in sight. I don't feel I can make a fuss as I am scared it will work against me but I really don't know how much waiting I can take!

They are probably hoping you will quit and then they won't need to fire you or do more paperwork.

Do you have a union? Could you seek legal representation?

Not in the UK but I’ve been in that situation. I suggest you use your time reading and researching and doing online material based on the issue surrounding the suspension.
My college of nursing had material online on several topics. I found some USA based material etc. I printed off all that I read and searched out those worth continuing Ed credits.
This was very helpful.

Have you got a Union rep who can find out how much longer this will take, do you have any idea what the outcome could be. If you are on full pay then try and relax if you can, speak to your g.p. and think about whether you wish to return there anyway. Suspension is very stressful and I'm not sure if its neutral, dont they say it's to protect everyone involved.

I spoke to the union rep and he said that they can go on for some time, up to a year! That was helpful and reassuring.

I asked if I could hand my notice in but I was told that the process would continue even if I left. I am also not allowed to apply for other jobs whilst suspended.

I'd go back to your union rep and maybe your governing body if you have one might offer advice. Do you want to continue working in this sort of job or can you apply for something different.

Theres some interesting recent case law that you might want to read on this regarding suspension not being a neutral act. Especially in that type of role it's a detriment to you because you're not being able to work and keep up your skills. Google Agoreyo v London Borough of Lambeth. I'm shocked by how long you've been suspended for that seems highly unreasonable.

In the recent case of Agoreyo v London Borough of Lambeth, it was held that the employee's suspension amounted to a fundamental breach of the implied term of trust and confidence. Ms Agoreyo had resigned from her employment following her suspension and successfully claimed damages for breach of contract.

^^ I've just copied & pasted this

I work in HR-public sector. We have totally changed our approach to suspension in light of case law which says it's not necessarily a neutral act.

The employer must have reasonable grounds for suspension and so we effectively undertake a risk assessment to determine if alternatives to suspension are an option, such a temporarily moving role or area of work. We consider the risk it would have on employees mental well-being and record the RA and the actions put in place. If suspended, we regularly review if the need for suspension remains and inform the employee.

If you are in the Union, I would ask them to seek evidence that all alternative arrangements have been explored and regularly reviewed, stating the effect on your mental health and trust and confidence in the employer. Please push your union-many feel that because you're off on full pay that it's a bonus. It's not-it has a professional and mental impact. If you're not in the union-you can still ask for this information. Good luck!

Thank you for your advice. I will speak to my union rep tomorrow. Whilst I understand the need for a thorough investigation I find the lack of timescales difficult. Bearing in mind that at the end of it there may well be no case to answer, which obviously is what I believe to be the case.

There’s different levels of union rep, ask for a full time official or a case specialist who will be more up to date and on the ball with employment law and procedures.

If you feel there is no case no answer do you want to return there after the investigation is finalised? was it a complaint made against you? I would find it difficult if I thought someone had made up an accusation. Hope your rep has some answers and you find peace at work somehow.

OP I can’t imagine how stressful this is.

I’m an employment lawyer and NHS suspensions are outrageous. Always six months and I’ve had several span to 12 months. But because that’s the NHS norm, it’s somehow considered acceptable!

In terms of what you can do... you could raise a grievance about the suspension. They’d (probably) suspend the disciplinary process pending the grievance outcome (our local Trusts have to, as per their own procedures) but all that will do is add 3-6 months on to the outcome.

Choice 2 - resign. But that’s not great either. Difficult to bring a claim when (at least in my region) it’s the accepted “norm” in Tribunal circles and hard to succeed in a constructive dismissal claim without going through the grievance process first (not impossible though).

Choice 3 - ride it out. Distract yourself if you can and let them go through the process. 50% ish of my cases over the years have resulted in no further action and an expectation to return to business as usual. Several more ended up getting settlements to leave because it’s hard to go back after a long time away. Only a handful were dismissed. Sadly this is usually what I have to suggest, unless you want out now and want a settlement, in which case I’d suggest looking for a local lawyer.

Bottom line is you can’t force them to go faster. If you don’t want to do any of the above then check the policies in place for timescales and if they’re in breach email them and tell them why and ask why it’s taking so long - it might be enough to make them shift.

I feel for you though. I’ve had clients who were fine during the first few weeks who were sent into a breakdown after several months. It’s disgraceful tbh.

Also @CiderGlider it’s refreshing to see such an approach. Hopefully it will result in fairer treatment and fewer claims for the business.

You’d be surprised how many employers use suspension as a knee jerk reaction.

@MrsPinkCock I'm pleased we take this approach as we know the impact both suspensions and lengthy ones can have. I think many suspend if they feel there is an outside chance of dismissal.

You say that raising a grievance about the suspension would lead to a suspension of the disciplinary while that case is heard. I would imagine they could and should run concurrently?

It sounds awful.
I know it might sound trite and it obviously isn’t the same but could you do some online study while you wait, or take up a hobby?

If they are going to treat you like shit I think you’ve got to prioritise getting yourself through as intact as you can.

@MrsPinkCock thank you for your response it was very helpful. Every week I think I'll hear something g next week and then next week comes. It is an absolutely awful process and to be honest I can't believe that they are allowed to treat people this way. I was emphatically told it was a neutral action and did not imply guilt but there are legal cases that blow that one out of the water.
@CiderGlider I definitely like the sound of your company's approach, much more mindful of the harm that this can cause.

Without wanting to sound dramatic I barely recognise myself, low in mood and struggling day to day. Have support from my GP and having therapy too.

They should be mindful of their duty of care towards you during the investigation. Have they offered you an employee helpline or occupational health?

I agree it’s only in the public sector that suspension goes on beyond a few weeks. I have to close investigations within two weeks unless it’s something very complex like multiple frauds, in which case we’d get expert outside help to carry out the investigation. Make yourself a pain in the backside for HR (I’m in HR). Call and email every few days saying you were told to expect an update and expect one by the end of the week otherwise you will have to consider your options in relation to challenging how long it has taken. Refer to any timescale in the Trust’s policy/procedure.