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Original poster

Suspended from work!

263 replies

BeckiF · 04/01/2005 12:20

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?

OP posts:
Twiglett · 19/01/2005 18:08

Hang on I seem to remember from my hazy days of working that you have to be given in order

a verbal warning

then a written warning

then a final written warning

you can't go straight to final written I'm almost sure (at least we couldn't 2 years ago)

you can be sacked for gross misconduct without the warnings though

do they not have to prove their case before they can issue a warning???

spikeycat · 19/01/2005 18:15

You can go straight to a written warning if it is thought serious enough, but most companies don't do this as it can be seen as over the top at tribunal. Are you going to appeal? Did they remind you of your right to appeal? As someone else said if they believe that you are not managing your team as you should they should be offering guidenceand training now. Also, YOUR boss should be in the poo as well, as he hasn't been doing his job.

I think thats crap - How can they give you a warning when you have never been spoken to about ANY of these issue before, even informally!

sis · 19/01/2005 19:00

Becki, I am really glad you were cool, calm and collected and it had the desired effect - 3.5 hours! wow, that's some stamina!

Thank you for your kind words, but I think it was the help of everyone on thread and knowing you had all our support that gave you the confidence to take it nice and slow. I certainlt wasn't the only one to give you advice - you've had fantastic advice from loads of others and it is one of those 'proud to be part of mumsnet' moments really.

I will try and call you!

littlemissbossy · 19/01/2005 19:44

Well done Becki, just checking up to see how things went. Yes, unfortunately they can go straight to final warning - same thing happened to my friend unfortunately. Go back in with your head held high! Good luck x

tigermoth · 19/01/2005 19:51

well done for getting them on the back foot over some of the issues at least, and for keeping your cool over three and a half hours. That's a hell of a long time.

I hope you are clear about what's expected of you on your return. I am surprised things can go straight to a final written warning, but as others have said this is possible, I suppose it is. I hope your employers have given you guidance - don't be afraid of asking for it. If things are left vague, they rush you back to work and you are unsupported when you return, you are in a vulnerable position.

It looks like some behind the scene things are going on. Perhaps your employers are simply following procedures. I hope so. Good luck and keep posting.

Tanzie · 19/01/2005 20:46

Well done Becki! But what have you been given a "final warning" for? Where I work, first warning has to be verbal (but recorded), second written and third is final warning. But these cannot go on indefinitely - eg if you were given a verbal warning about something, performed satisfactorily for over a year, they couldn't then give you a written warning. Where I work it is supposed to be deleted from your record after a year if you have been given a warning.

Tanzie · 19/01/2005 20:47

PS - join a union NOW!

Original poster
BeckiF · 19/01/2005 23:27

Had the longest bath in history and dp had a converation with sis (isn't he lovely sis?) .... I really want to resign but am worried about how it will look in the future on my so far clean record that I hadve a final written warning against me .... don't know what to do, hence why I am up so late.

OP posts:
ScummyMummy · 19/01/2005 23:30

Well done for getting through today whatever you decide to do about going back, Becki. That took immense courage.

mears · 20/01/2005 09:31

BeckiF - definately join a union now, you may well have issues to deal with later. Although you did not receive support earlier, it was because you were not a member. Sign up now so that you can get support if you need it. When I was a steward I needed to check membership before getting involved in cases.

Just to answer the question about final written warning - it can be issued as the first penalty if the situation is deemed serious enough. In the same way that someone can be dismissed for gross misconduct - even if they have never been involved in anything before. There should be a time limit that it is on your file though - have they told you how long it will be?

You should have been informed of your right to appeal and given timescales.

You could instigate a counter grievance against your colleagues for malicious and vexatious complaint against you, but best to have union support and advice for that. If you join today, they will help you.

ks · 20/01/2005 09:37

This reply has been deleted

Message withdrawn

Tanzie · 20/01/2005 09:44

Becki - let us know how today went, if you are back at work, won't you?

And do join a union. Still think it very unfair to give you a final written warning with no warning. What was the warning for? Was it internet use?

sis · 20/01/2005 13:27

Yes, Becki, he is indeed very lovely and very protective of you which is great.

Agree with others, you really need to find out which of the five allegations against you were found to be without basis and which one(s) they considered meritted a final written warning and also, find out how long the warning will be 'live' for.

Before you ask them how long it will be 'live' for, think about telling them that you need to know this if you were to find another job - if the warning is not live anymore then you assume you current employers will not be in a position to mention it to any potential future employers in references etc. If they would be happier if you left, then they should make sure the warning is 'live' for a very short period of time!

The other option, or perhaps, something you may want to run alongside the above, is to discuss the possibility of a compromise agreement with them so that you leave with a pay-off and a legally binding undertaking on their part to limit any future references to agreed parameters and ensure that they are favourable.

Becki, I know I have said this to you and on mumnet before, but just in case there are others reading this who think otherwise, please note >

Tanzie · 20/01/2005 14:04

More sensible advice from Sis! Wish I was that bright! (and sensible )

aloha · 20/01/2005 14:19

I think the compromise agreement is the way to go, personally. A decent payoff followed swiftly by getting a new job beats working with those tossers any day IMO!

Tinker · 20/01/2005 14:22

Well done Becki for getting through the interview and you've had lots of good advice on here. The only advice I've got is, if you're reading...

...GET OFF MUMSNET NOW!

Original poster
BeckiF · 20/01/2005 17:01

I'd like to thank you ALL for your help and support, and furthr to being up so late and into this morning I finally decided that I would offer my resignation, which I did. I also explained that I would be sending in a docs note to cover me for the period of my notice due to te stress of it all, as I have been on happy pills for the stress since the suspension! So there you have it ... none the less, I still have options that I can take apparently, such as constructive dismissal.

Have an interview on monday too! Woo-hoo!

OP posts:
littlemissbossy · 20/01/2005 17:03

Hi Becki, well I hope that you're happy in your decision and good luck with the interview x

Freckle · 20/01/2005 17:28

Well, it's their loss, isn't it? Losing a good worker and getting stuck with some stupid pr*ck instead. Plus being unsure that they can trust a number of their other employees to actually tell the truth. Left themselves with a nice mess, haven't they?

Good luck with the interview!

Original poster
BeckiF · 20/01/2005 18:22

It may yet not be the end of it, I have to get clarification as to whether they can be accountable for making me feel as though I can't return to work.

For those of you that are interested, here are the reasons I gave for resigning.

  1. That you decided to issue me with a final written warning despite me having an unblemished record with - . I have never even been invited to an informal meeting to discuss any suggested decline in performance by any of my senior managers.
  2. It was not made clear for what I was receiving the final written warning, whether it was all the allegations or any one of them in particular.
  3. I have not been offered a reintegration or reintroduction meeting despite being on suspension for two weeks on sensitive matters known to the entire sales team, or any guidance relating to my proposed return.
  4. That I was not presented with all the evidence I was entitled to at the disciplinary hearing.
  5. That you expected me to start work immediately after the disciplinary meeting, which had lasted three and a half hours, and thought it unreasonable when I explained that I could not.
  6. On reflection and as communicated at our meeting, I feel unable to work with or trust a team who are prepared to sign statements that include lies, as I proved at the disciplinary hearing. Furthermore I would be most uncomfortable sharing an office with (the bloke) due to his previous inappropriate behaviour with, and attitude toward me and would constantly be wondering what other slander he would be prepared to fabricate in a further attempt to oust me.
  7. It is my opinion that the matter has been dealt with in a very prejudiced manner, and I felt that there was an element of pre-judgment.

What do you think of that???

OP posts:
Twiglett · 20/01/2005 18:28

I think that's excellent

You do have a good lawyer don't you

definitely take this further . .it sounds SO much like constructive dismassal and sex discrimination to boot

galaxy · 20/01/2005 18:32

Well done for getting through this Becki - utmost admiration for the way you've coped with this.

Tanzie · 20/01/2005 18:52

Go for constructive dismissal, Becki. And sex discrimination. The way they have behaved is appalling. I hope their business goes under.

marthamoo · 20/01/2005 18:57

I only started reading this thread today (have no experience or advice to offer on these matters) and I just wanted to offer my rather late-in-the-day support, Becki. They have treated you appallingly and I hope you manage to get some kind of redress. I also hope you get your IVF back on track soon with a happy outcome. Good luck.

charleypops · 20/01/2005 19:34

That letter sounds great! You have GOT to pursue it! Good luck!

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