Suspended from work!

[BeckiF]

Maybe W & R can help me here. I am a manager and went back to work today after Xmas break and was taken straight up to the conference room where a string of allegations were made against me and I have been suspended on full pay. The allegations range from the ridiculous (i.e we only play my choice of music in the office, when I'm in a bad mood the office suffers etc. etc.) to the serious (i.e I have touched this male member of staff on the back of the neck. We are a tactile office and there are others far more tactile than I).

I am devestated and in utter shock. I am not able to talk to anyone from work except my director, and yet this guy remains at work and could be saying goodness know what. I've been there 2 years and he has been there 6 months and has already been moved from one dept as he wasn't up to scrathc and I agreed to have him in my office! This is the thanks I get.

What is my position?

Yes, my friend had me and the union rep with her. I am sure it is not sufficient to say they told you at the meeting - a meeting for which you were completely unprepared, and an issue which came out of the blue.

I thought this myself and I think that I will ask for a copy of my contract, as my own copy is in my desk at work! Doh.

BeckiF - I have just written our company discplinary proceedure and as a legal requirement I had to draft 'notice of disciplinary hearing' letters for this exact situaion. The reason behind them being to give the employee concerned the opportunity to prepare for it, know what his/her rights are and to ask a colleague to accompany him/her in the meeting if they require. You have a legal right to be accompanied and if they waived this for you (but not giving you warning) they have breached the regulations.

They have to list in this initial letter what the allegations are (in full), list copies of thw witness statements and all supporting evidence. You should alos have been givent he chance to submit a written statement prior to the meeting.

I would say they have totally breached protocol and would expect your solicitor to recognise this - did he mention of of that to you?

BeckiF, just wanted to say that I was under the impression that your company must follow both their own disciplinary procedures and any statutory ones for discipline/dismissal to the absolute letter, otherwise at any tribunal their non-compliance would pretty much automatically count against them, regardless of the validity of your claim (dh was told this by an employment lawyer friend when he was involved in disciplining a member of staff and was concerned the HR department weren't giving him the right advice).

So I would be very sure to get hold of a copy of the disciplinary procedures from your contract/staff handbook and make notes about how they have followed them, and make sure your solicitor has a copy too, just in case.

BeckiF,

Just wanted to add my sympathies for you. I know how tough last year was through your posts on ttc and although I'm not there any more I do still read how everyone is.

I hope this matter is resolved for you quickly with as little heartache as possible. This guy sounds like a real piece of work - hopefully you can expose him so he doesn't have the chance to do this to anyone else.

Stay strong!!!!!!!!

Becki - just wanted to back up what runtus and others have said. You should have been given fair warning of a disciplinary hearing in writing and have been told in advance of the meeting (again in writing) what the allegations were against you so you could have time to prepare your 'defence' and also get someone (union rep, legal rep, personal witness etc) to accompany you.

Your company has really pulled a fast one - they are absolutely out of line in the way they have handled this. I think I'm right in saying that none of their allegations would stand up in (for example)and employment tribunal simply on the basis of the way it has all been handled, but I'm sure others with more knowledge than me could confirm or deny this! Either way, your solicitor needs to get on the case right now.

Loads of luck - sorry you are having such a horrible time.

sorry, that should of course read 'an' employment tribunal

Just wanted to add that if you did in the end want to take it to tribunal, it would not cost you anything but your legal fee's. In fact the law is written entirely in your favour on this one and there are loads of decent 'no win low fee' solicitors out there that could help you with it.

Something to think about esp if they are unwilling to give you a copy of the allegations even at this late stage!

Thanks Ladies - having had greatfaith in the solicitor I spoke to the other day he has yet to respond to two other mails I have sent him and I am rather keen to get matters moving. I have spoken to the solicitor recommended by Aloha, and she frightened me, so maybe she's the lady!! Have to say that I am not coping terribly well, especially on top of some other issued in my life right now ... I've heard of being tested but some days I thinkg God really must hate me or I was an awful person in a former life.

I'd go with Aloha's solicitor then. You don't want someone who sits on e-mails and doesn't respond right now. You need someone who reassures you that they are going to get things moving.

Really sorry you are having such a horrible time.

Just want to express my sympathy and support.
Surely if allegations are unfounded then it will resolve itsel!?f.
Was in a situation last year where an extremely lazy and unproffesional colleague kept on slyly shovelling work onto me until the situation became intolerable, coupled with the fact that I was without dh (abroad) dealing with dd alone,pregnant and ill (but too early on to tell anyone) and responsible for setting up something very new and complicated on which a great deal was riding.

I snapped the day she tried to get me to look after and translate (for an entire day) for twelve people that she had invited to work to see what we were doing-nothing to do with me, but as always it was a case of 'Good ole Moondog will do it,she's so stupid that she doesn't realize she's doing all of my work and hers.'
When i say 'snapped' it was hardly that just told her in front of others that I was 'bloody sick' of doing everything.
She went bersrk, started demanding written apolgies, going on about going to the top, infringement of human rights whatever.
For a while I was freaked but then after two weeks imposed sick leave (which on reflection I needed-was on the verge of a breakdown) the clouds cleared and I realised there was no issue.

Long and short of it was that after our line manager made initial investigations it became glaringly obvious that she had been lagging and blagging for years, something that I in my enthusiasm for work had been covering up!In other words, she shot herself in the foot AND lost a great deal of credibility and also knows that I will NEVER help her with anything again (unlike the last few years when I have f----ing carried her on countless occasions.)
I know now that she wishes she'd just shut up and had the good grace to apologize for abusing my willingness to get the job done!

Sorry, complicated personal scenarios probably not appropriate but what I am trying to say is stay cool and sit tight (hard I know(Don't lose your nerve. If you are convinced of your 'innocence' don't get forced out.
Remember noone but you and yours has to know how you feel on the inside. So much depends on looking and acting calm and cool even if you're not.
Good luck. Thinking of you.
XXXXX

I've had a mail back from the male solicitor from the other day apologising that he hadn't responded as he had been in court. I think now I will wait to see what both say and then make my descision. Hopefully I won't have to use either. Today I mailed work asking them to send my contract of employment over on the e-mail. Nothing back yet!

Just wanted to add my support BeckiF. I was in a similar situation a few years ago and ended up meekly leaving a job I absolutely loved without a fight due to a jealous colleague. Regretted it badly ever since and now realise what they did was illegal. Wish I'd known about MN then!

Hang in there!

BeckiF,
So sorry your going through this (((((((hugs)))))))) to you hon..
This is unreal, the suspended you for using the net and touching someones neck?? (am i right) what is wrong with them!!!!! have they givin you a verbal or writtin warning ?? You poor pet this is so unfair and should not be happening.. I would stay on there backs until i get answers!!!
Hope this sorts its self out asap you really don't need this right now...
I know its hard but chin up you cannot let them do this to you....

There is a list of allegations, including we only get to play my music, etc etc. All of which ar utter nonsense and utterly school yard. I don't suppose there one of us who has never touched a colleague on the arm, the back of the neck or something on a day to day basis, and in my role as a manager, it would only be a "are you ok?", "do you feel unwell", sort of thing. Anyway, I have a solicitor on the case, just to cover myself IF I get dismissed.

She's fab, BeckiF, honest. And the thing I liked about her most was that she was incredibly fast. It was all done and dusted very quickly and she didn't hesitate to tell me when she though I'd gone as far as I could with the matter and to accept. She would literally pick up the phone while I was in her office and heard the way she dealt with people - very efficient, straightforward, direct and no-nonsense. I wish I had half her confidence. But I always, always felt she was totally on my side. And as I said, she arranged it so her legal fees were paid by my company, so it didn't cost me a penny. I have no idea how she did that, but it was great.

Hi Aloha - she rang me this morning and has referred me to her office local to me, if that was OK with me. She has no problem referring me to this colleague of hers, but says that I am still free to pick up the phne and talk directly to her too. She says my local solicitor of hers will also be cheaper. Just waiting for him to call!

Beckif sounds like you have a good woman there - I would stick with her if I were you. I know it is hard but try to stay positive about the whole situation.

You have done nothing wrong and she is going to prove that. You are the victim in all this so don't let them start you thinking you must have cocked up in some way.....the only mstake you made was trusting the people you work with /for.

Let me know what happens.......

Seems that for this excellent company to represent me I have to make an initial payment of £1000 which I simply can't afford ... will have to look for a more local, cheaper firm.

God, don't even go near them. I have never dealt with a firm that would expect that up front...no decent company anyway. Have you asked CAB to recommend someone?

Though you might want to have a look at this too, great site for info on employment rights \link{www.tiger.gov.uk}

Damn try again www.tiger.gov.uk/

you know what I mean!

Just came across this thread Becki. Hugs to you.

Blimey! I never paid a penny! That sounds really mad.

Still no news from work. Found out I get legal cover with my house insurance byt it would be a solicitor of their chosing. Had some advice from them already and my company have done things right so far, they think. And so we go on ...