suspension at work

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I was suspended at work recently for an incident I was involved in.I received no warning of meeting or that I was being investigated nor given the opportunity to bring a witness for meeting.Same incident happened last week with another employee and he did not receive any suspension or punishment.

Is this legal and fair

bmwguy

look for answer wrote: »

I was suspended at work recently for an incident I was involved in.I received no warning of meeting or that I was being investigated nor given the opportunity to bring a witness for meeting.Same incident happened last week with another employee and he did not receive any suspension or punishment.

Is this legal and fair

Without details, nobody can help.

look for answer

bmwguy wrote: »

Without details, nobody can help.

I left work early without informing any supervisor who was not on site at the time

look for answer

look for answer wrote: »

I left work early without informing any supervisor who was not on site at the time

Also my colleague who did same never informed supervisor who was on site the same night in question.he did not receive a warning or anything.just carried on as normal

jimmycrackcorm

look for answer wrote:

Also my colleague who did same never informed supervisor who was on site the same night in question.he did not receive a warning or anything.just carried on as normal

Were they actually aware that your colleague did that?

You need to have a look at your company disciplinary policy.

SwD

look for answer wrote: »

I was suspended at work recently for an incident I was involved in.I received no warning of meeting or that I was being investigated nor given the opportunity to bring a witness for meeting.Same incident happened last week with another employee and he did not receive any suspension or punishment.

Is this legal and fair

Yes. They can suspend you straight away.

The investigation follows.

I believe you will be entitled to paid leave.

SwD

jimmycrackcorm wrote: »

Were they actually aware that your colleague did that?

You need to have a look at your company disciplinary policy.

Check your contract.

look for answer

SwD wrote: »

Check your contract.

Yes the supervisor was looking for him that night and what's more disheartening is he went early two nights in a row without telling anybody.clocked out by another employee when shift ended which company are aware of.Should I have not been given opportunity to request a witness as suspension it came as a surprise and what they said went over my head in the meeting.I accepted I was wrong and explained there was no need for investigation as I held my hand up to it.there was no HR present to explain what next step was and I got nothing in writing explaining course of action.I asked was there a chance of dismissal and I was told not to speak to any of my colleagues and was told they will be in touch in due course.I just don't see how one could getaway with it and other gets suspended.no consistency I feel.

Bandana boy

You cannot know all the details of somebody else's case and unless you think they are discriminating between you on one of the protected categories then it bears no meaning on your case.
Stop focusing on the other employee and focus on your behavior , you did something wrong and were caught you need to deal with consequences now , What do you think the company is going to need to hear from you to give you another opportunity ?

Kimbot

look for answer wrote: »

Yes the supervisor was looking for him that night and what's more disheartening is he went early two nights in a row without telling anybody.clocked out by another employee when shift ended which company are aware of.Should I have not been given opportunity to request a witness as suspension it came as a surprise and what they said went over my head in the meeting.I accepted I was wrong and explained there was no need for investigation as I held my hand up to it.there was no HR present to explain what next step was and I got nothing in writing explaining course of action.I asked was there a chance of dismissal and I was told not to speak to any of my colleagues and was told they will be in touch in due course.I just don't see how one could getaway with it and other gets suspended.no consistency I feel.

For all you know there is an investigation into other colleagues etc.

Thats not the issue though, the issue is you broke the rules and were caught. Your contract will list out the disciplinary code so have a look at that and you'll find your answer.

livedadream

so to sum up,
you left your place of work early without telling anyone. you had someone clock out for you or faked a time card which in most companies is considered gross misconduct. 
you admitted to doing it.
The issue with your colleague doesnt come into it unless you take a case for unfair dismal in whic case you can argue they dont apply the rules evenly. but as you arnt allowed speak to the guy about it you dont know what kind of investigation he is under.
while getting a letter and written warnings etc are best practice they are not necessary in a situation where you are considered a risk to the business.

SwD

look for answer wrote: »

Yes the supervisor was looking for him that night and what's more disheartening is he went early two nights in a row without telling anybody.clocked out by another employee when shift ended which company are aware of.Should I have not been given opportunity to request a witness as suspension it came as a surprise and what they said went over my head in the meeting.I accepted I was wrong and explained there was no need for investigation as I held my hand up to it.there was no HR present to explain what next step was and I got nothing in writing explaining course of action.I asked was there a chance of dismissal and I was told not to speak to any of my colleagues and was told they will be in touch in due course.I just don't see how one could getaway with it and other gets suspended.no consistency I feel.

To be honest. You did something you were not supposed to and got caught. The point of telling you not to get into contact with any of your colleagues is so they can conduct an independent investigation free from collusion.

There is obviously a procedure in place, and thus despite your admittance they must adhere to this.

I would wait and see. I would find it hard to believe they would suspend you for a first time offence. Furthermore if this is custom practice within your establishment you may get off lightly.

Have they set down any dates for further meetings?

duffman13

You left work without permission, outside of the obvious issues with what you did, it's a massive health and safety issue and potential fraud. They can suspend you with pay pending the investigation.

How long have you been suspended? Did they formally suspend you? Are you still being paid? Have you done this before? Are the company aware of the other employee doing the same?

look for answer

livedadream wrote: »

so to sum up,
you left your place of work early without telling anyone. you had someone clock out for you or faked a time card which in most companies is considered gross misconduct. 
you admitted to doing it.
The issue with your colleague doesnt come into it unless you take a case for unfair dismal in whic case you can argue they dont apply the rules evenly. but as you arnt allowed speak to the guy about it you dont know what kind of investigation he is under.
while getting a letter and written warnings etc are best practice they are not necessary in a situation where you are considered a risk to the business.

No I did not get anybody to clock me out.that was other employee.I clocked out the time I left so no question of fraud or anything.I accepted leaving before my shift ended was wrong.I informed a colleague I was leaving as my targets were hit and I couldn't inform supervisor as he was out sick.

look for answer

look for answer wrote: »

No I did not get anybody to clock me out.that was other employee.I clocked out the time I left so no question of fraud or anything.I accepted leaving before my shift ended was wrong.I informed a colleague I was leaving as my targets were hit and I couldn't inform supervisor as he was out sick.

Also the other employee is not under investigation at all.Thats where I am confused.he did not even receive a warning

Kimbot

look for answer wrote: »

Also the other employee is not under investigation at all.Thats where I am confused.he did not even receive a warning

The company are hardly going to tell you that he is under investigation.

meijin

look for answer wrote: »

Also the other employee is not under investigation at all.Thats where I am confused.he did not even receive a warning

He clocked out at the correct time. They'd need to prove he cheated, which may be difficult.

You clocked out early - that's their proof.

TheBlock

look for answer wrote: »

Also the other employee is not under investigation at all.Thats where I am confused.he did not even receive a warning

How do you know that the other employee is not under investigation? Have you spoken to him?

How do you know that he got someone else to clock him out?

Is it normal to clock out and leave when targets are met? Has Supervisor approved this before?

What paperwork if any have you received from HR are you on paid leave at the moment?

dar100

The process they implemented was extremely wrong and unprofessional!! Regardless if you broke policy or not you have a case, they done the process wrong

look for answer

meijin wrote: »

He clocked out at the correct time. They'd need to prove he cheated, which may be difficult.

You clocked out early - that's their proof.

True and I accepted that I was in wrong and stated who could I inform if there was no supervisor on duty whereas supervisor was seeking to find my colleague and went out to look for his car and when he saw it was gone was effing and blinding.I accept that I will probably lose my position but just think it's unfair that he cheated and I didn't. Probably a case of tough s**t on my behalf.first time I have had any issues since I commenced working there.

livedadream

your comments about it not being fair because he cheated and you didnt are ridiculous,
you left work early without permission.
its not your decision to make when you leave. its your employers.
you admitted it and will have to face up to it, you took the piss and as an adult there are consequences for behavior like that.

you also contradict yourself by saying there was no supervisor on duty, but that one was effing and blinding when he say the other colleagues car was gone.

id love to know what kind of job you have that you can come and go as you please... i work flexi time in an office and even then if someone from my team was wondering and and out without me knowing there'd be war. other people complain its a H&S risk, insurance risk and the fact your being paid. its a joke.

look for answer

TheBlock wrote: »

How do you know that the other employee is not under investigation? Have you spoken to him?

How do you know that he got someone else to clock him out?

Is it normal to clock out and leave when targets are met? Has Supervisor approved this before?

What paperwork if any have you received from HR are you on paid leave at the moment?

I haven't received any paperwork just told verbally I was on paid suspension.i drop the guy who clocked him out a spin home and he clocked him out as we were leaving and returned card to him next day.I don't know for sure if he is under investigation but he was not suspended or go to any meetings and supervisor was aware he left when he was looking for him and noticed car was missing

Zulu

I think the question you really need to be asking is:
Are you seeking to pull this other person down with you?

...because, you've admitted it (fair play), and in reality you feicked - nothing is changing that.

look for answer

livedadream wrote: »

your comments about it not being fair because he cheated and you didnt are ridiculous,
you left work early without permission.
its not your decision to make when you leave. its your employers.
you admitted it and will have to face up to it, you took the piss and as an adult there are consequences for behavior like that.

you also contradict yourself by saying there was no supervisor on duty, but that one was effing and blinding when he say the other colleagues car was gone.

id love to know what kind of job you have that you can come and go as you please... i work flexi time in an office and even then if someone from my team was wondering and and out without me knowing there'd be war. other people complain its a H&S risk, insurance risk and the fact your being paid. its a joke.

I totally accepted I was wrong for leaving early.I can't see how I'm contradicting myself.supervisor was not present when I left but the nights my colleague left he was present.they were not the same night.I understand the risks involved from H&S point of view etc.

SwD

dar100 wrote: »

The process they implemented was extremely wrong and unprofessional!! Regardless if you broke policy or not you have a case, they done the process wrong

What are you talking about. They suspended him for misconduct. What was wrong about that?

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Zulu wrote: »

I think the question you really need to be asking is:
Are you seeking to pull this other person down with you?

...because, you've admitted it (fair play), and in reality you feicked - nothing is changing that.

No absolutely not.Just the fact they are aware he left on two occasions he received no punishment (fair play he got away with it).just seems inconsistent

Chiorino

look for answer wrote: »

I totally accepted I was wrong for leaving early.I can't see how I'm contradicting myself.supervisor was not present when I left but the nights my colleague left he was present.they were not the same night.I understand the risks involved from H&S point of view etc.

Reasons for your suspension aside, where was the supervisor if they weren't present when you left. Is there an issue with the company leaving employees unsupervised?

SwD

look for answer wrote: »

No absolutely not.Just the fact they are aware he left on two occasions he received no punishment (fair play he got away with it).just seems inconsistent

An eye for an eye...

look for answer

SwD wrote: »

To be honest. You did something you were not supposed to and got caught. The point of telling you not to get into contact with any of your colleagues is so they can conduct an independent investigation free from collusion.

There is obviously a procedure in place, and thus despite your admittance they must adhere to this.

I would wait and see. I would find it hard to believe they would suspend you for a first time offence. Furthermore if this is custom practice within your establishment you may get off lightly.

Have they set down any dates for further meetings?

No dates or anything as of yet and I do accept I was wrong 100 percent.Its first time I have ever even come into contact with anybody in the hierarchy as such so I am hoping they may be using me an example with a warning to follow rather than being dismissed.

livedadream

Chiorino wrote: »

look for answer wrote: »

I totally accepted I was wrong for leaving early.I can't see how I'm contradicting myself.supervisor was not present when I left but the nights my colleague left he was present.they were not the same night.I understand the risks involved from H&S point of view etc.

Reasons for your suspension aside, where was the supervisor if they weren't present when you left. Is there an issue with the company leaving employees unsupervised?

no.

irelandrover

The case they have to make against the other guy is probably a lot more difficult. They know someone else was involved as he was clocked out at the wrong time. Therefore they need more time to proceed.