Suspended, interview tomorrow, URGENT HELP please :-(

[typeratlast]

Hi all

 

Well to cut a long story short I was suspended on full pay last Tuesday. There are 5 allegations against me that are quite frankly open to interpretation. People I have spoke to feel that I have a 50/50 chance depending who sits on the disciplinary panel.

 

Anyway, the question I need help with is regards general policy.

 

I have been called for an interview tomorrow afternoon BUT I actually just want to resign. I have been told that if I resign the investigations will all stop, the allegations will stop, and I will walk away with a reference and 6 years job record. That is my most important thing.

 

I have asked for a signed copy of my Schedule of Employment to confirm what notice period I have but so far they have not provided this. I don't have a "contract" of employment due to the nature of the chairty I work for.

 

As a manager I am positive I read 3 months but they are saying I have 1. I don't want to even bother attending the interview, I can't be doing with all the hassle and issues involved and want to just let my staff get on without all the interveiws they are having to have etc. BUT I need more than 1 month to prepare for the future.

 

SO, do I have a right to refuse attending the interview until I receive my Schedule of Employment? They say they will give me all the notice details at the interview but I want it first. I will just resign if it gives 3 months.

 

I am also wondering about the issue of having a work colleague with me, the one I have chosen is not available to be released from shifts until May 22nd. But I know I can't expect them to hold the interview till then can I?

 

Oh sorry so many questions, but basically can I get the interview put off by any of the following;

 

a) Signed copy of my schedule of employment hasn't been supplied as requested.

b) My work colleague can't attend till May 22nd due to work shifts.

c) Finally I get signed of with stress (this is not a ploy, if you knew half of what I have been through in the last 3 years you'd be amazed. I've had family and friends telling me to take action against them due to serious breaches of support etc etc)

 

Thanks, hope somone can help in time

[credit allergy]

I have just read your post although I am no legal expert I did have dealings with an employment tribunal on behalf of a family member. My gut feeling is the following. Do everything possible to behave reasonably so i would attend the interview. Ask for a postponement for a suitable friend to accompany you. Also take the schedule from them and review it before the next hearing. Most of the tribunal claims are upheld because of techincal failures by the employer. I would be very wary of resigning obviously I dont know what the allegations concern. I dont know why you have not got an employment contract or at least terms and conditions are there more than five employees.

[Ell-enn]

Hi there, I'm sorry to hear you find yourself in this position. However, you have the right to request a postponement of the interview to allow you to gather all the facts you need for your case. You must do this in writing, you could fax or take a letter into work first thing in the morning, apologising for the short notice, but stating that you do not have all the facts and paperwork you need. Usually the hearing will be re-arranged for approx 5 days later, anything longer is unusual (but not unheard of) and the date is determined by the employer.

 

Kind Regards

 

Ell-enn

[barney2]

If your interview tommorrow is an ivestigation then it wont go down on your reference so you might as well attend. As for the right to representation you can put it off but not for as long as you need to.

If you do go through with the interview i would make it clear in there that you have requested information and have yet to receive anything.

Take a pad and pen with you to take as many notes as you can. Sorry im not much help im sure someone else with more experience will come along soon. xx Good luck

[ShootMePlz]

You do have the right to postpone, you also have the right to have copies of any statments taken, also copies of any questions asked during the taking of these statements. If there are no formal statments taken then it is hearsay.

 

I do not agree with resigning just because you have been suspended. However I assume you are on Garden Leave and as such are on Full Pay with Hoilday entitlement. Not just full pay

 

The question I have to raise on this matter is what information have your employer given you other than the list of allegations.

 

The issues raised by employiers and the way they conduct procedures

 

On point B)My work colleague can't attend till May 22nd due to work shifts.

 

You are entitled to take them with you, it is up to the company to arrange for this person shifts to suit. Also if you were suspended last Tuesday when did you receive the notice that the Hearing if it is a hearing is to take place on Monday afternoon. This could just be a meeting to get your side of the story. However you need this confirming before you enter the room and in writing.

 

PM me if you want to chat in more detail. I must admit I do tend to work for the other side on this and I own my company. Its not a nice thing to do either way and from an employer point of view, you resigning is by far the quickest and easiest way out. Also a good chance it will the cheapest in the long run even if you get your 3 months pay.

 

As for going sick with stress, it is Your Doctors Expert Medical Opinion that will say if you are fit to conduct the hearing at this VERY STRESSFUL TIME.

 

After a long period on the sick the company can request that you attend a company paid for Medical with a consultant all of which they have to pay for and also have to cover your travel expenses.

 

Employment Law is a mine field for Employiers these days and if 1 of my managers just wanted 3 months pay with holiday and use of the company car until there notice ran out, I would rip there arm off and write the Chq there and then.

[typeratlast]

Thanks all. The interview isn't the hearing just a fact gathering exercise I believe, BUT tbh (call me soft etc etc) I just do not want to go into HQ and sit in front of them answering questions!

 

I wondered about handing my written notice in just stating that I am giving three months notice as per my terms of employment etc and then sit and see?

 

Will PM you Shootmeplz.

 

Thanks again all.

[Reclaimant]

hi typer at last,

 

how did you get on?

[typeratlast]

Hi Reclaimant,

 

Well I declined interview on the basis I didn't have all the facts etc. (In fact I still don't have some of the info I requested!)

 

They rescheduled and on the morning of the interview I called in sick and self certificated until seeing the Doctor. The Doctor has then signed me off for two weeks. They have contacted me twice while ill.

 

My Doctor is due to see me next Thursday and has already stated she expects to sign me off again due to the nature of stress and pressure they have put me under.

 

Meanwhile I am deciding what to do. I am pretty certain that once I am fit for work I will resign as purely the way they have treated me means I would never go back anyway.

 

Regards my notice, it looks like I have 5 weeks (one for each full year of service).

 

I will add in how amazingly supportive and helpfull shootmeplz has been in the background.

 

Thanks for your interest.

[Guest Old_andrew2018]

Hi

 

I have looked through your thread, and do wonder if by resigning you are doing the right thing, why not go to the interview, if it does not go your way you can use the appeals procedure.

You could always check up on constructive dismissal, and claims to an ET.

 

Regards

 

Andy