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?

Only allowed to take a work colleague, which is impratical as my own team have mostly lied in their witness statements, and I wouldn't want to put anyone else on the spot OR I can take a trade union rep. That's why I will be calling Acumis in the morning and hope that they will agree that one of their reps can accompany me.

Couldn't you take a solicitor? This looks so much like it is a stitch up. Are there none of your work colleagues that you could trust? Have any of them been in touch with you since you were suspended? My friend lost a lot of her work friends/colleagues when she was - several never returned her calls, one even said she didn't want to speak to her in case that implicated her! And then had the cheek to ring my friend when it was all over to say "now you're innocent do you want to go out for a drink?" Could you ring and ask the person you thought you were closest to? if there is any jiggerypokery going on, you should be able to tell from her reaction - if she starts squirming and making excuses.

Best of luck with the union. How about CAB? Could they help?

I'm not allowed to call anyone from work other than upper management, and no, the people I trusted the most have made statements that basically say I'm a real mare! Spoke to several people who used to work for me who say they are amazed at the allegations, disgusted that my own team have turned against me and stated that they would be more than happy to make statements in my favour. My solicitor has told me that you are not entitled to take a solicitor with you by law, unless it is mentioned in your contract which if coure it isn't.

Can't believe you are not allowed a solicitor!

What about some sort of mediator or HR consultant? I used a HR consultant, who knew every ounce of employment law. Once I realised that my boss was making it up as he went along and just wanted rid I asked for a few minutes with my man. He went back alone and did all the negotiating whilst I sat in reception looking like a stunned mullet. But a 17 week pg mullet!

It is worth paying someone, especially if you are going after a large amount of money and a reference. It's also worth volunteering to go and getting it all over with quickly. You can't work with people who have lied about you.

Beckif, good luck, do take a union rep then if that's all you're allowed. I can't believe they won't allow a solicitor either, awful. They can't stop you consulting one and getting him or her to act on your behalf though.

Yes, whatever they say, do consult a solicitor (I am sure you don't need me to tell you this - sorry ). Thinking about you and wishing you the best of luck. Wish I could be more help.

Good luck BeckiF. They sound like awful people.

Re Internet usage - I would definately ask for others in your team's usuage for comparision purposes. I was also under the impression that when logging internet usuage IT can only what sites you have visited and at what time of day. It's very difficult for them to say you have spent say 10 minutes on a certain page, as you could well have had that page open, but in the background (ie you weren't necessarily reading it).

The only other advice I can give is try to be as calm as possible and avoid getting emotional. Always give the facts and resist any personal comments towards anyone. Making a list of your responses against the allegations is a good one. Don't be afraid to ask for a 5 min break in the middle, if you feel that things are spiralling out of control. Use that time away to get your thoughts back together and go back in fighting. Above all have faith in yourself.

Wishing you lots of luck.

Re the Internet log, the IT guy at the company is very clse to the MD and could and would doctor the log to suit, believe me.

I have already consulted a solicitor and did so the day I was suspended.

Beckif, I am in HR and have attended many meetings like this (Have also taken a company to tribunal and won .)
How can they have fully investigated the allegations when they haven't asked you for a statement? (other than the initial meeting, where you were too stunned to ask questions and respond).
I investigated someone for internet/email misusage, and the only "fair" way of doing it is to look at the whole department, and you should be entitled to see this. (not names, just, for example, there are 12 people in the dept, person 1 spent 3hrs, person 2 spent 1 etc etc, and then an average amount for the dept). Thats the only way to see if your usage is exessive. And, if as you say you also use it for work this has to be taken in to account. It sounds total bollocks.
If it is just a meeting to follow procedure and you don't end up disciplined how will you feel about going back to the team?

BeckiF - sorry to have missed all this, sounds like they are taking it seriously. Well done for telling them they have not given you adequate notice for the hearing.......just make sure that the email you sent is enough. Don't let them claim you didn't notify them of your inabiltiy to attend. Don't want to give them anything extra to use against you.

You are right in thinking you cannot take a friend/solicitor to the hearing with you, is there not anyone else in the company you can ask to attend with you? Things like this are so much easier to bear with some moral support....what did the trade union say? Either way, make sure you take full notes both before and during the hearing.

As for the internet usage - you are correct in thinking that you need to see a detailed audit of your usage and your colleagues, otherwise how can you comment on their claim. I would request this be made available at the hearing, in order that you can remove all work related usage and assess your levels compared to the others. If they have the document to hand, I see no reason why it should not be made available to you for your defence.

Apart from that, how are you doing solicitor wise? Any help at all?

Just a thought- do you work from a laptop which you have at home, or a desk based PC? Only ask because the internet records they would be looking at would be from the Server and your laptop will have it's own record - you could see if they have doctored the records......

Becki - can the log be doctored that easily? I'll ask my DH - he works in IT. Did you have any luck with the union?

Hi Becki, sorry I haven't seen this previously either, so hugs and support to you.
FWIW, a close friend was suspended from work last year for email/internet misuse and I (and another relative who is HR Director) got enough evidence together to save her job... they would have fired her!
Have you given a full statement to them?
You say that you have not signed an email policy but when you go on the internet at work, is there a button you have to click to agree with the policy?
Have you ever been given full training on the misuse of the internet at work?
Do other senior members of staff use the company internet for personal use? i.e. is there a "culture of misuse" within the company?

I work from a desktop but dlelet my own history. The log is keptby a computerised program that the IT guy could doctor if it was asked to be presented. There is a general culture of misuse which is overlooked as there are so many of the MD's family that work there. The policy is a typed statement and I have read it a few years ago, and everyone knows what it is, but it's generally ignored.

SOunds like they have you on that fron then, unless you can prove the 'culture of misuse'....may as well ask to see other peoples internet usage accounts, may catch them on the hop.

What happened re the union?

Becki, has anyone else within the company been disciplined because of internet misuse?

Unions weren't interested. No one else has been disciplined, even though they all use the net!

What do you mean they weren't interested? What did they say?

They are there to represent you in all cases, not just the ones they fancy! God that makes me so mad..........

Unions can be dead snotty if people try to join at the point when they are facing disciplinary/greviance proceedings, IME. I think most unions refuse support to members of less than 3 months standing.

Becki- this sounds so awful, hon. I wish I had some good advice but I only have sympathy.

Exactly, I spoke to Acumis and they weren't interested, as the rather snotty lasy said "It would be unfair to our other members if we were to represent you as a new member, and you have to be a member for a set time before we will represent you".

Also, work have set another meeting for the 19th and my solicitor says I have to attend! ACAS are being unhelpful, as are the TUC ... god I'm SO stressed!

Haven't posted on your updates since you first wrote about this as I have very limited experience of such carryings-on in the workplace.
But as a long-standing union member I have to say I am disgusted that Acumis are not helping an employee in your situation. I'd like to think anyone the subject of what sounds like an orchestrated management campaign, would be able to join on the spot and be eligible for help and support. As an existing member, I would not be pissed off (although I might chunter a bit about it I suppose), I'd prefer to see the help given.
Lots of sympathy from me here too. Tut, am so angry at Acumis.

Lots of sympathy from me too and agree with Metrobaby's comments. I sincerely don't see how they could know how long you were on a site. You could have the BBC site on all day in the background. Would they really believe you'd been looking at it for 8 hours and doing nothing else?

BeckiF, so sorry that Amicus said they couldn't help. You could try again and see if another person is more 'human' and helps out. It may be worth trying other unions from the TUC site that I mentioned earlier.

I think you should question how they have been running this - how can you have a colleague to attend the hearing with you if you are not allowed to contact them? If they have not taken a statement from you or asked you about the allegations in any detail then how can they decide on the 'evidence' against you at the hearing? Why did they, initially give you so little notice of the hearing. Maybe say that you think all of this smacks of them 'going through the motions' of a hearing but that they have already made their minds up...It may make them nervous.

Re the internet abuse, you can ask for copies of documents to show compare your useage with that of other colleagues. If they refer to vague phrases such as 'inappropriate' ask for specifics - how can someone defend themself against allegations unless they know what the allegations are? If they give you loads of info at the hearing that you cannot absorb, such as the internet useage of all staff in dept - insist on an adjournment to consider the info. If they go OTT then ask for an adjounment of a day or two to fully consider the implications of the new info you have been presented with.

I am so very sorry I can't be more use - and hope you are wrong about them having doctored the IT stuff.

Hi Sis - the letter does say that the purpose of the hearing is to consider the allegations which it then lists. I have already put in my written statement that I am going to read out that I want to see copies of the others logs. I guess that this will be my chance to put my case forward. It's great knowing that if they do sack me, I will take it to appeal and onto a tribunal and that I have got witnesses ... thank goodness I am the nice lovely person that I am, and not the nutter that my supposed work-friends make me out to be.