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Just found this great forum help needed im climbing the walls tonight:confused:

 

I've been a director of a sme for the last five years and was handed a letter by the md on the 15th June 2010, saying that i was under suspension pending disciplinary investigation ? And was told to leave the premises and that i would be on full pay until further notice. Since last year i have had a recurring problems with viral infections and have a mir scan booked for next week, i hadn’t realised what stress id been under but it’s beginning to fall into place now with the bullying ect in the office

Booked in to see my gp last week he took one look at me and signed me off for a month with stress

i sent the certificate to the company and then today 26th June i received another letter stating as from today’s date my suspension is suspended and you will revert to sick leave and be paid ssp. once your period of sickness has ended you period of suspension will be reinstated. and also they have asked if i could attend a meeting on the 30th June

Any advice would be much appreciated

Peter

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Welcome to CAG and hopefully we will be able to help!

 

So if I have this correct you have been signed off for a month yet have been asked to attend a disciplinary hearing next week? You have also been taken off full pay and put onto SSP?

 

If you don't mind answering, however vaguely, what are you supposed to have done? Have you received written details of the allegation and have you been given the right to be accompanied at the hearing? Is it, in fact, a disciplinary at this stage, or an investigation?

 

You are entitled, in the light of being off sick, to ask for the meeting to be adjourned. It would be unreasonable of them not to agree to this, but equally, a disciplinary can ultimately be held in your absence. Insofar as the SSP goes, would this be normal for a Director on sickness absence? Would you not normally receive company sick pay or have been allowed to simply be absent without having to account for it?

 

Sorry to throw so many questions back at you, but it will give a clearer picture for us to form an opinion.

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They can only do this if there is power in your contract to say they can. As draconian as this move is it seems highly unlikely, but just check.

 

You keep all your employment rights whilst suspended. If you dont get the right pay you may make a claim to an Employment Tribunal for "unlawful deduction in wages"

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Hello there and welcome from me too. I don't have anything to add, except to say that a few of us here have experienced bullying and many are being treated badly, so we sympathise with your problem.

 

I can see you wouldn't be up to a meeting and I hope they will await your return. In the meantime, it should do no harm to let them know you understand your rights in all this.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi,

 

Do you work under a 'director's service agreement'?

 

(a) If yes, does your agreement contain an immediate termination clause?

 

(b) If not, could you shed light on the type of contract you work under?

---Aut viam inveniam aut faciam---

 

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