Suspended with pay

LegacyUser

Hi,

I have a dilemma at the moment and have no idea what to do. Today I was suspended from work with pay pending an investigation due to a serious breach of company policy and procedure. I was given no further information. I have worked for the company for 3.5 years since leaving college and have had 6 promotions in that time and just over a month ago started in a new position. I considered myself a model employee and always strived to do what was best for the company and have no idea what the above allegations are in relation to. I have been advised that it could all be over in a couple of days.

I am wondering what am I entitled to as an employee. Should I have been advised what the allegations were before I was suspended?

What should my next steps be seek leagal/union advice?

Have I got grounds for constructive dismissal?

The worst thing about everything is that I am so emabaressed having worked there for so long I have built alot of friendships and having just started in a new position its hardly the best way to make a good impression!

thanks for the help

jethrothe2nd

I would imagine that you will be sent an official letter outlining the allegations that have been made against you. Until then I would sit tight, however, if you work in a unionised company then I would suggest contacting them.

At this point I would say that it is a little early to be thinking about constructive dismisal - to be honest, if you haven't done anything wrong then there is no need to consider it. Have you really no idea what yo have been suspended for?


Best of luck, hope it works out

LegacyUser

I am expecting a call from HR this morning to explain the allegations. I honestly cant think of anything that I have done that would warrant a suspension/investigation. I firmly believe that I will be cleared of any wrong doing and I am a member of a union. The reason for the constructive dismissal is that I feel my name is being dragged through the mud and will surely affect any promotions in the future. I know usually there is no smoke without a fire but I cant figure out what I am supposed to have done and would welcome being questioned on any allegations being made.

This whole situation has turned my life upside down and have felt sick since I was told.

bbam

From what I've seen the only reason you wouldn't be given the nature of the procedural breach is if it involves a complaint from another employee, it's usually to stop interferance, however it may just be a bad mistake not to inform you..

I would contact your union and ensure they know that a situation exists and you may need their help.

It's a tough one if you really can't figure it out yourself... hang in there and hopefully it will be resolved quickly..

Shelflife

seems very odd that you would have no idea why a company would suspend you.
its not a senario thats taken lightly by any company.

if this happened to me i would insist that the suspension be made in writing and that i be informed in writing at that time as to what the allegations are.

it just sounds very vague and i would be getting some representation organised very quickly if i was you.

cedissapointed

First off,there is no possible way you would be in a situation,whereby you are benched ,suspended wp,without an official letter and the reasons underlining why you are in this position.
I find it very hard to believe they would not explain why you have been suspended with pay.:eek:
If you could volunteer more information about the chain of events that eventually led to you being benchmarked,then maybe you would be able to get to the bottom of it.:D

LegacyUser

I was promised a call this morning from HR to update me which never came about. I then to tried to contact the person in HR dealing with my case 4 times and sent 1 email. I have contacted my union and will be contacted on Monday. At this stage I just want to know what I have been accused of and now it is hanging over me for the weekend. I am just extremely disapointed in how I have been treated and having worked for the company for 3 and half years felt I should be treated better.

LegacyUser

I was given an official letter but it had no detail as to what I was accused of doing just a serious breach of company policy and procedure.

I appreciate that a company doesnt suspend somebody with pay lightly in my time with my employeer I have only heard of 3 instances which 1 was serious fraud and the other 2 were harrasment and in 2 of the cases the employee was let go.

I will insist on finding out what I have been suspended for when i can speak to the HR person dealing with my case. You can see the trouble ive had so far getting answer!!

bbam

cedissapointed wrote: »

First off,there is no possible way you would be in a situation,whereby you are benched ,suspended wp,without an official letter and the reasons underlining why you are in this position

I've absolutely seen this happen, guys called into the office by their manager and suspended on the spot and walked off site without further information, but both times it was followed up by a visit from the Guards

In some companies things happen that shouldn't, even from manager to manager within large companies actions will differ...

If you've seriously done nothing intentionally wrong then you have nothing to worry about... Only the OP knows the answer to this.

D.McC

You are entitled to know the exact circumstances surrounding your suspension – in writing. In order to mount a defence.

You are entitled to know how the company intend to proceed

You are entitled to know when the suspension will end, in other words when the disciplinary meeting will be held.

Also, do not attend any meeting, regardless of the title of the meeting without your Union rep.

Max001

Get your union branch official or workplace shop steward involved immediately!

I've only used this sanction, as a manager, in instances of alleged gross misconduct where an immediate investigation was necessary. Sending someone home so as not to interfere with an investigation is proper, however your own rights should be observed also and your union will seek to ensure this happens.

Our man in Havana

I would also confine your contact with HR and the company to writing only.

Max001

Haddockman wrote: »

I would also confine your contact with HR and the company to writing only.

+1. Very good advice!

Lizzzard

Is that you KD??

ciarangt

look at this web site www.lra.ie and you can log a complent with labour relations commisson

x in the city

from looking at this forum it seems people are getting fired left right and centre at will by employers



i know we have a R word but employees should stand firm, if a company wants to let someone go they should do it honourably and not just 'fire' you.

Shelflife

x in the city wrote: »

from looking at this forum it seems people are getting fired left right and centre at will by employers



i know we have a R word but employees should stand firm, if a company wants to let someone go they should do it honourably and not just 'fire' you.

For a start he was suspended , not fired, and we dont know the whole story here.

for the record its very hard to fire an employee properly, i had a person stealing from me and the amount of evidence we had to collect in order to protect ourselves was unreal.

its a crazy situation where as an employer you are forced to work with someone who makes your life hell and cant get rid of them whereas they can walk off the job with virtual impunity if they want.

bbam

I agree that it can be frustrating to ensure paperwork is in order during disciplinary processes but that's the way it must be, sometimes HR departments can be too afraid of being brought into the EAT, too afraid to the effect that they bottle it and keep recommend more chances for employees... :mad:

There are employers who will follow a set disciplinary system, warnings etc and in the case of theft or other gross misconduct issues will just terminate the employee..
If this action is only for severe cases, process has been followed and evidence gathered it can be worth the risk..

For unfair dismissals in the EAT the max payment is 2 years pay...
this is for the worst case possible of unfair dismissals, i.e where no grounds were present and process not followed...
As a manager if you can go into the EAT hearing and demonstrate;
1. A case for dismissal existed
2. Process was followed, warnings etc
3. The process had no affect on employee behaviour

Then the case may not be viewed against the employer or at best a minimal settelment will be awarded.. so minimal that it was worth getting rid of a shoddy employee..

Some employees think that the EAT is some sort of superman type entity there to kick the ass of employers no matter what the circumstances for being there... The reality is very different and if a proper case is presented then the EAT is not to be feared at all...

Our man in Havana

Most employers are afraid of the report in the local paper afterwards.

newmug

Well OP, whats the latest?