very odd reason for disciplinary hearing - help please!

[mumnosleep]

I have been on suspension on full pay for 5 months as a work colleague claimed I assaulted her, which is entirely untrue, but she is crazy and has taken this to the police. The police have requested that my company don't investigate, so they have decided not to. However, I've been called in for a formal disciplinary hearing. This hearing isn't to discuss the actual allegation, but to discuss basically the costs of my suspension and the financial impact on the company (it will be probaby around 10 months before the police proceedings will be concluded, they have indicated they think it is unreasonable to keep my on full paid suspension until then). They are definitely not going to discuss the actual allegation at the hearing.

Could any HR/employment legal professionals please advise as i'm really worried about losing my job and I don't have anyone I can ask to advise me - i'm not in a trade union. Will they be able to just sack me because this is too expensive for them, sure not?!! Or is it likely they will try to buy me out of the company? If they do then does anyone know what a reasonable financial package would be if they want to negotiate? And can I refuse their offer (if they make one) and demand to continue on full paid suspension until the police matters are concluded?? Is this a valid reason for a disciplinary hearing anyway??

Thank you!!

Btw, it looks like they are planning to dismiss me so prepare youself for this.

Could you suggest mediation to see if together you can find a way out of this? e.g. a way for you to return to work or an acceptable exit package.

Also, ordinarily there is the right to take a colleague or a trade union rep, however, a recent case stated that in some cases there is a right to take a qaulified legal adviser. This is where, like your case, there are other grave implications e.g. criminal proceedings/regulatory proceedings. So you may have an argument that you have the right to talke a solicitor with you.

A compromise agreement definitely means you give up all the potential claims listed and stops you from being able to raise the issues at an employment tribunal - the only rights you cannot give up are in relation to personal injury and where relevant for any accrued pension entitlement.

If the issue is around the cost to them why don't you suggest being moved into a different area of work or working from home or a different location? That way you are no longer suspended so the costs are not so great to them.

if the case is without foundation have you spoken to the police and/or the CPS about speeding it all up? The worst they can do is say no but it may be they are just not looking at the paperwork but if you ask they will move it up the queue.

On the cost of suspension, it will depend what your own policies say. If this is a situation in which the policy says they have to suspend with pay then that is what they must do. Equally if the policy allows for it they may be able to suspend without pay.

If you want to carry on working there you need to be as reasonable and helpful to them as possible.

I presume you have already taken out a grievance against your colleague for making malicious allegations - if you have not you should now as that may result in her suspension/dismissal which may make it easier for you to be allowed back to work.

You could offer to remain as an employee on no pay, if this is an option financially. this would make it more difficult to dismiss you.

Also, was there any discrimination involved in the malicious allegation? You mention a baby? If so think about a grievance.

When you mentioned you were bf, I wondered this - are you currently on maternity leave or recently returned?

When is the meeting arranged for?

Something like this could be a reasonable and fair reason for dismissal potentially, yes, SOSR. It seems a bit strange calling the meeting you are going to a disciplinary as it's not about disciplining you as such, but it's part of a potential dismissal.

Whether it would be fair to dismiss you depends on all sorts of things, but I would expect them to have investigated every possible avenue to speed up the police procedure, and other ways to get you back to work some other way if possible.

They are only likely to offer you a compromise agreement if they are concerned that dismissing you would not be fair and are concerned that you could win a tribunal case, or at least would be likely to bring a claim that they wouldn't want to defend.

A compromise agreement doesn't stop you going to tribunal altogether. There are dozens of claims it's possible to raise at a tribunal, and a compromise agreement involves you agreeing not to bring specific claims. A compromise agreement saying you will never claim anything would be unlikely to stand up, so they normally list specific claims that you are not to bring, ie those claims that both parties think there's a possibility you could bring, in your case the important one would be unfair dismissal and there would probably be some others included as well.

When is your meeting?

What is the assault allegation? no injury, ABH or GBH cause if it's an 'assault no injury' the police only have 6 months to investigate it in anyway before it has to be filed. Unless it's a complex or serious assault 10 months is a very long time for a police investigation.

It is normal however for police to request no investigation by the company, as otherwise the CPS often won't take it on themselves, basically saying that the company are going for 2 bites of the cherry and that it had already been dealt with by the company so no need for police action. (though obviously the company deciding what to do after the police investigation isn't deemed an 'investiagtion' in itself, just decisions over what to do about those allegedly involved (proven guilty / innocent)

Flowery - thankyou for responding, I had hoped you would be reading. Thank you to everyone else to but i'd like to focus on the issue at hand not the allegation. They have called me to a disciplinary hearing on wednesday this week saying the SOSR is potentially gross misconduct and could result in my dismissal. I was thinking that in part of my statement when i'm asked for it at the hearing I would talk about the legal definition of misconduct and how this particular allegation does not fit within this definition and is therefore unfair - i've found this definition on the web, do you agree with it or have a better one? A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts. So basically saying it's not my fault that the costs are too high etc and that disciplinary action is inappropriate and unfair.

To clarify, are you saying that it would be fair for them to dismiss me as suspension costs are too high as long as it's not via a disciplinary hearing? I'm confused on this point (ie why it might be fair to dismiss me for this reason but that a disciplinary hearing for this reason would be odd).

Sorry this is a bit rushed! Btw to the person that asked i'm an "extended" breastfeeder!

It might be fair to dismiss you. I don't have enough detail to say definitely either way, but potentially it could be reasonable to dismiss someone in these sort of circumstances yes.

However it's not gross misconduct, so calling it that is wrong. Dismissing for gross misconduct would be fair, Some Other Substantial Reason is just that, another reason not covered by things like gross misconduct.

Calling it a disciplinary hearing is misleading as it's not about disciplining you but I expect they are calling it that because they don't know what else to call it tbh. It's a hearing taking place that might result in your dismissal.

If they dismiss you, all these confusing points are things you could bring up in your appeal. But as I say, depending on more detail which I don't have, and depending on using a fair process, SOSR (not gross misconduct) could be a fair reason for dismissal here.

At your meeting, I would be trying to be as reasonable as possible - suggest other ways in which you could work, for example, in other roles, or working from home for example - any way at all which you could be contributing to the company.

TBH, the definition you have sounds to me very legalese, and if I was the HR bod conducting the meeting, it would rile me - better to say that you assert and reiterate you haven't done anything which could be classed as misconduct.

Are you bringing a friend with you to the meeting? Are you entitled to bring a solicitor? Make sure you ask (via e-mail in writing), because if they say no, and it later transpires that you could have brought legal representation it would add to any picture of unfairness.

Sorry if I seem to be fixated by bf, but I know in my place, any bf woman has to have a H&S assessment done, same as if she was pregnant - try to find out prior to the meeting, because again, this may be unfair to you.

I would also be trying to find out the position of your case from either the police officer investigating, or more likely, the CPS and a possible timescale for any decision / proceedings. Have they actually made a decision on whether to prosecute yet? I know you don't want to focus on the case, but it seems to be taking a very long time - why the delay? Was there a delay in obtaining witness statements / other evidence from anyone within the company? If you can show that you have co-operated as fully as possible with any investigation, and delays arose from other reasons it would help.

Good luck on Wednesday.

Mumnosleep - how did it go today?

they couldn't reach a decision on the day so i'm still waiting to her, fingers crossed!

dying to hear how you got on mumnosleep, how exhausting this whole thing must be for you. Hope you get the decision and outcome you want.