Suspended from work

[insuchapickle]

NC for this as didn't want it linked to my usual username.

DH has been suspended from work. A (soon to be ex) colleague has put in a grievance against him for racism. He has absolutely never been and never would be racist.

This colleague worked there for 8 months, handed his notice in and then put the grievance in, everyone in the company has to give a 3 month notice period so it is blatantly obvious he just didn't want to work his 3 months.

The grievance said 6 other people also made remarks but DH is the only one suspended.

It's basically ex colleague's word against DH's. Can anyone advise on what is likely to happen? Will DH be sacked (i know nobody can say for sure) but if anyone has been in a 'he said she said' position before or works in HR and could say what they would do would be much appreciated.

We have DCs and a mortgage that I can't afford on my own so in a complete panic.

That's a really horrible situation to be in. How can the job justify only suspending her husband when six were accused?

Is he in a Union, he needs to wait until he has spoken to them before he writes his statement. Hasnh3 been given a copy of the grievance. What sort of job does he do.

@HappyHamsters no he isn't in a union, he hasn't seen a copy of the grievance yet but will ask for it when they give him a date for the disciplinary meeting (likely Wednesday next week).
He is in the motor trade. Not a manager but has the top level qualifications for the brand. He has also been there 20+ years. Surely they are going to take length of service into consideration?

They will need to conduct an investigation, so this will be appointing someone neutral who will be the hearer, to interview the person who has raised a grievance.
They will also interview anyone who has been alleged to have been racist and any witnesses.
The hearer will then weigh up all the information and decide to uphold the grievance or not.
If they find that the allegations are true then there will be formal disciplinary proceedings.
A letter laying out the disciplinary process and an invitation to the meeting must be sent, along with the opportunity for the employee to bring a representative.

The company should have grievance and disciplinary policies available to all staff so that they can see exactly what happens.

Your DH will be given the opportunity to share his side of the story, a grievance is a complaint that the company has a duty to investigate.

Hope that’s helpful

Sorry, just to add, that the company have a duty to protect all staff, so your DH as well as the other employee.
Its really stressful I know, but your DH just needs to be open and honest when interviewed.

Maybe a call to ACAS or a employment solicitor for some guidance on what to do next?

They don’t need to justify it, to anyone, and suspension is a neutral act while allegations are against investigated.

OP, this is an awful thing to happen to someone who’s done nothing wrong. Your DH should (if he’s in a union) seek union help, and if not he should find a lawyer to speak to who can help him negotiate what comes next.

Hopefully it will be quick, fair, and he’ll soon be back, but proper advice makes sense to get.

Hi @insuchapickle I’m sorry you and your DH are in this position. I work in HR and often act as Investigating Officer into similar grievances.

can I suggest your DH speaks to Citizens Advice where he is not a Member of a union?

You should also ensure the investigator is somebody who is impartial and not involved in the concerns under investigation. I would also question the rationale for the suspension, as this should only be considered if a) the accused is a risk to those on site or himself or b) the risk of the accused tampering with evidence - could they not have put measures in place to prevent him working with this colleague who is leaving?

I would be interested to know the involvement with the others who have allegedly been accused too. Furthermore, your DH won’t automatically be dismissed. The grievance investigation would conclude and IF there is any evidence to suggest racial comments were made, it would then go to a disciplinary hearing where your DH will have the opportunity to fully present his case. Your DH should also be interviewed as part of the grievance investigation.

hope that helps x

Sorry I didn’t see @FayKnights post, sums it up well 🙂

If you have legal cover on your home insurance, may I suggest you use that for employment issues.

@FayKnights thank you that's very helpful.
So far he was called into an office with a lady from HR who then told him about the allegations, he gave a brief side of his story which essentially was that he has never said anything like that and it's simply not true. He was then escorted off site by his line manager as instructed to by HR.
Later that afternoon other colleagues (including the other 6 mentioned in the grievance) were questioned and they all backed up DH's account of it never happened.

As there doesn't seem to be any evidence from what I understand of your post there may not actually be a disciplinary meeting at all if the investigations so far don't add up to what the ex employee is saying?

@TTCm thank you that's very helpful.

The person investigating is as far as i know the lady from HR that initially spoke to DH, I'd like to hope she is impartial.

The employee doesn't even work there anymore so there would be no risk to anyone really. He handed his notice in and said he won't be back and handed the grievance in so as you say not really any rational for the suspension.

DH is thinking of brining his resignation letter with him to the meeting in case he can tell they are going to dismiss him, does that sound advisable? He enjoys working there and really doesn't want to leave but resigning is obviously better than being sacked

@Longdistance will check thank you

@insuchapickle, your DH will not be sacked at this stage in the process. In summary, the process is:

• investigation interview into the grievance raised against your DH;
• findings of investigation concluded and confirmation of whether any further action will be taken;
• if there is evidence to suggest the allegation did take place, your DH will then be invited to a formal disciplinary hearing;
• only after this hearing has taken place, will a decision be made.

if all other employees named in the grievance have confirmed comments weren’t said, it’s highly likely no further action would be taken.

in terms of the suspension, case law suggests it is NOT a neutral act as PP suggested. It can have a detrimental impact on the employees reputation and if it was done as a knee-jerk reaction, it could amount to a sufficient breach to the implied term relating to trust and confidence. Your DH would need to speak to acas about this.

I would not suggest your DH resigns, but he can question the procedure that is being undertaken, especially relating to the suspension.

Has your dh got any emails between him and the accuser? He should save them all.

I’ve been in the position where this allegation was made. Luckily for me the accuser made allegations about so many people it was quickly established what the reality was. It was a very difficult situation and about 10 months earlier I had commented this was likely to be the outcome due to the individual and issues I had to raise with her. I was entirely doing my job but she took it personally and assumed racism. Unfortunately she was incompetent. I had evidence and witnesses.

i hope if you’re dh’s situation is similar, the truth comes out. I was concerned it would impact on my career as “no smoke without fire” but currently the situation is diffused and she’s left the organisation. She accused her manager and 11 other people but accusations against me were stronger - not because I’m racist but I challenged the incompetence head on, professionally and within hr guidelines. It’s a horrible accusation.

If he’s motor trade he’s done well to last 20 years in one company.

Do they want him out? Cheaper than redundancy?

Thank you @TTCm

@NeedAHoliday2021 no emails all verbal. I'm sorry you had to go through similar, glad it all worked out in the end.

@Fluffycloudland77 they made about 8 redundancies after furlough ended (everyone was up for redundancy) and he wasn't one of the 8 so I don't think they are looking to get him out although given he is the only one suspended it is something to consider.

They will have suspended him due to the nature of the allegation as it could be viewed as serious misconduct.
But a full investigation will be underway.
I echo the PP who recommended ACAS, there’s some really helpful info on there.

just to come at it from the other side.
I submitted a grievance against my former manager for bullying, disability discrimination and for racism (the latter was something I witnessed, the other parts were against me).
I submitted the grievance whilst on sick leave as I just couldn't work with her anymore and my mental health was in pieces.
They did fuck all saying they couldn't do any thing until I came back (not true my union said as they had all the information they needed), so don't assume the colleague leaving means he is safe.
Also, my manager flatly denied being racist, despite their being witnesses. She said it was just a joke. So maybe your DH (and you) don't realise what can come under the term 'racism'. Its more than just words and can be unconscious.

@CrabbitBastard I fully understand what has and hasn't been said so just because you didn't get the outcome you wanted/deserved doesn't mean my DH is lying

Oh I did get the outcome I wanted, thanks. Lots of money better off. Because her "I'm not racist / disablist etc" defence was proven bullshit. You might think your DH is innocent but do you even know what comes under the banner of racism?
Good luck to him especially when he didn't bother joining a union (anyone can).

What a nasty thing to say OP.

The poster has a point, of course it’s possible it’s a false accusation, but it could also be true, depending on what exactly has been said. Lots of people say racist things that they don’t think is racist.

Either way, your DH should call ACAS tomorrow. It might be worth checking if you get legal cover with your home insurance, as they may be able to help as well.

Also comb through work emails, diaries etc. E.g. if he has been accused of saying x on the morning of August 1st, and can prove he was in a meeting all morning then that would help.

OP that was completely uncalled for, implying that poster could be the 'root cause' of people making racist comments to her.

I get that you feel defensive of your DH but that comment was not on at all and I expect that if you step back for a second you can see that.

That's the correct way.

People often fall into the trap of trying to explain stuff.

Just listen to them say what he's done and then simply reply "that didn't happen" "I didn't say that".

Then when others repeat the same they have no evidence.

I'd also make sure DH has a witness interview he meetings with him. They shouldn't speak but it's helpful for them to take notes and be a witness for your DH.