Partner has been suspended from work, help! ***WON***

[MONX]

My partner has been suspended from work, he works at a fast food restaurant as a general customer assistant, cooking and serving food.

 

He came home from work last week with a letter saying that there were concerns with his work and that he was suspended until further notice with no pay. He is not allowed to contact anyone from the company, management or staff and he is not allowed to enter the business premises. He is to wait until he is called in for a disciplinary meeting with the area and store manager and he will be given 48hrs notice of this meeting.

 

The reason for the suspension is because he gave a member of staff from another store in the franchise, discounted food thinking that he had worked during the day and therefore was entitled to staff discount. The area manager was there at the time and kicked up a stink, stating that the member of staff sold the food hadnt worked and therefore not entitled to a discount and suspended both the other employee and my partner.

 

I just want to know, is it justified to suspend without pay until it has been established that there has been any wrong doing? Surely you are innocent until proven guilty and until they do that he shouldnt have to go without pay?

 

He has only worked there since January this year, not sure if he has any rights or what they are, although this is not the job he normally does, we need it to pay the bills and he is desperate to keep it whilst looking for work in his normal field, can anyone help?

[Crazy Diamond]

So he got deceived by someone else and he's the one being sanctioned? What happens if they get robbed, do they fire the whole staff?

 

I think you need to find out if the other member of staff is being suspended or not, if not, then there's possibly an argument that he is not treated equally or fairly. I think the other guy is completely over-reacting tbh, are they looking at downsizing by any chance? It just looks really odd, especially if he's just coming up to the one year anniversary, which would give him a lot more rights.

 

I'll leave the legal ins and outs to someone like Erika, but I just wanted to say good luck, and stay strong. I was always under the impression that you should be suspended on full pay until at least the hearings have taken place, you should read his employee booklet carefully to see what the disciplinary procedure is supposed to be like first, so you can prepare accordingly.

[MONX]

So he got deceived by someone else and he's the one being sanctioned? What happens if they get robbed, do they fire the whole staff?

 

I think you need to find out if the other member of staff is being suspended or not, if not, then there's possibly an argument that he is not treated equally or fairly. I think the other guy is completely over-reacting tbh, are they looking at downsizing by any chance? It just looks really odd, especially if he's just coming up to the one year anniversary, which would give him a lot more rights.

 

I'll leave the legal ins and outs to someone like Erika, but I just wanted to say good luck, and stay strong. I was always under the impression that you should be suspended on full pay until at least the hearings have taken place, you should read his employee booklet carefully to see what the disciplinary procedure is supposed to be like first, so you can prepare accordingly.

 

Thanks for your support, as far as i know there is no other reason for the suspension other than the discounted food however, there has been a clash of personalities with the actual manager of the store, he doesnt get on with my partner that well and they just tolorate each other, but he did say that the manager did try to speak on my partners behalf so not sure if its necessarily constructive dismissal.

 

We are hoping he will just get a reprimand and just start work again but the longer this is being stretched out the hope is slowly dwindling away.

[rebel11]

Hi Monx

 

Your partner needs to get hold of his 'Terms and Conditions' of employment, the Employee Handbook. That should explain the following:-

 

'I just want to know, is it justified to suspend without pay until it has been established that there has been any wrong doing? Surely you are innocent until proven guilty and until they do that he shouldnt have to go without pay?'

 

Read the following section:- Suspension from work

 

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Disciplinaryprocedures/DG_10028111

[SarEl]

Suspension without pay is not lawful. It's hrad to comment on the rest until you know what the actual allegations are.

[MONX]

Thanks all for your comments and kind words, I will of course read hand book and work out what they can and cant do.Will post back when anything develops.

[MONX]

Hi all

 

Here's the latest update.

 

On Saturday we recieved a letter from his employer confirming the date of his disciplinary hearing as Thursday this week at 1pm. The letter stated that he can bring either a union representative or member of staff to his disciplinary and that they will be considering gross misconduct due to the misuse of the company staff discount scheme and cash handling.

 

We have been unable to get hold of a staff hand book or anything that lays out his terms and conditions of employment or anything, my partner remembers being given a leaflet that was three pages long after about three months but nothing since and it certainly wasnt the staff handbook. He says there is one at work but it is for reference whilst at work and not to be removed.

 

On Monday they sent the same letter however this time it was by recorded delivery which was a bit strange, I assume they are just covering themselves that they did everthing possible to ensure he received it.

 

My partner turned up at the store yesterday ten minutes prior to his disciplinary hearing, he was made to sit in the customer part of the store until the people taking part in the hearing arrived. He waited until 1.30pm and then asked to speak to the manager, he was unavailable but they rang him at home and got him to chase up what had happened. At 1.45 the other member of staff who my partner sold the food to arrived. He had a disciplinary hearing at two with the same people.

 

My partners boss rang back and said that the Head Office in Sheffield was closed due to adverse weather and that the meeting will not take place today because the people coming from head office couldnt get there!

 

We are now waiting to find out when there will be another meeting, without pay!

 

So far I feel that they have mismanaged this from the beginning.

 

Instead of seing that this is at the worst a mistaken interpretation of the staff discount rules, they have suspended him without pay yet state it is not a punishment! Surely being suspended without pay is a punative measure and can only be seen as a punishment.

 

In the suspension letter it states that he is not allowed to contact management or staff in the organisation or come to the premises yet they state he can bring a member of staff with him to his disciplinary meeting! How is he supposed to arrange this? This potentially could prevent my partner from defending himself.

 

My partner walked down hill for two and half miles to his place of work in the driving snow to attend this meeting and whilst we can appreciate it would be difficult to travel from Sheffield under the circumstances, why wasnt he informed that the meeting had been posponed? Typically rude and completely uncaring.

 

So here we are, still not heard anything and savings now depleted, possibly a bleak christmas for us.

[SarEl]

I am not sure how much simpler I can put it. Unless he has a zero hours contract (that is one where the employer is not obliged to offer any work) then suspension without pay is unlawful. Have you taken this up with the company? And if you ask the company for the staff handbook or other policies they must provide a copy - have you asked them for it?

 

If your partner wants someone to accompany him then he must have a contact with the company regarding the suspension, and that is the person with whom he must communicate to ask for that person.

[MONX]

I am not sure how much simpler I can put it. Unless he has a zero hours contract (that is one where the employer is not obliged to offer any work) then suspension without pay is unlawful. Have you taken this up with the company? And if you ask the company for the staff handbook or other policies they must provide a copy - have you asked them for it?

 

If your partner wants someone to accompany him then he must have a contact with the company regarding the suspension, and that is the person with whom he must communicate to ask for that person.

 

 

 

SarEL,

 

Thank you for your reply, I understand what you are saying about the zero hours contract and the fact that it is unlawful to be suspended without pay....however his employer is a very shady customer, although the place of employment is a recognised highstreet establishment, it is one of 40 franchises his employer has in the region and whilst the food and establishment is no different to the others, the way in which this employer treats his employees is disgraceful.

 

I have read what is posted on the government website and they say :

 

 

If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you, but with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.

You keep your employment rights while suspended. If you don't get the right pay you may be able to make a claim to an Employment Tribunal for 'unlawful deduction from wages'.

While suspended, you may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal. It is up to you whether you listen to this but your employer may take further disciplinary action if you don't.

 

 

Where we are with the contact is confused and not sure which way to turn. In order to request support for the meeting and the staff handbook he has to speak to someone at the company which he has been expressly ordered not to do. If he does contact anyone is he not giving them more ammunition to sack him no matter what the reason? Logically we should be able to ring the manager who has signed the suspension letter and the letter confirming the meeting.

 

At this point we are desperate if only to know what the future holds. Until he is informed of another meeting we cannot do anything........never felt so powerless!

[honeybee13]

I'd like someone else to comment, but I wonder if you or your OH would be able to contact HR, assuming the franchise has an HR department. They should have copies of employment contracts, employee booklets etc.

 

My best, HB

[MONX]

Partner rang the head office and they have said that they will "be in touch"!!!!!!!!!

 

We are now looking at 4wks without pay! They have to give 48hrs notice before a disciplinary meeting which gives us till

the end of today for them to contact us if they were going to interview him on Friday, however post has been and still no contact.

 

I cant believe this is still going on, we cannot make any necessary arrangements because we still dont know what the outcome will be (regards making a claim to benefit if sacked).

 

SarEL, I understand that it is illigal for someone to be suspended without pay but could you point me in the direction of the legislation that actually says this.

 

I am calling in a the restaurant this afternoon to get a copy of the staff handbook so at least we can see what it says in there.

 

So worried about how we are going to manage, lie awake at night sick about keeping the roof over our head, they say you are really only ever one paycheck away from homelessness.

[honeybee13]

Hello again. This is what the directgov website says about suspension. If you want the legislation, you could have a read around the directgov or ACAS websites. Or you could try the ACAS helpline.

 

Please let us know what the contract/handbook says when you get hold of it.

 

Suspension from work

 

While the disciplinary or dismissal issue is being looked into, your employer may be able to suspend you. You should be told why you are being suspended.

 

If your employment contract allows you to be suspended without pay, your employer can do so, so long as they are acting reasonably. If your employment contract does not say that your employer can do this, your employer may still be able to suspend you, but with pay. To make it clear that this isn't a punishment, the suspension will be on full pay in most cases.

 

You keep your employment rights while suspended. If you don't get the right pay you may be able to make a claim to an Employment Tribunal for 'unlawful deduction from wages'.

 

While suspended, you may be told not to talk to other employees, customers and/or suppliers. If this stops you defending yourself, it may be grounds for appeal. It is up to you whether you listen to this but your employer may take further disciplinary action if you don't.

 

HB x

Edited December 8, 2010 by honeybee13
forgot link, oops. Paragraphs and typo as well.

[MONX]

Latest:

 

Partner went to disciplinary meeting yesterday, he was asked a series of questions relating to the incident for which he was suspended (selling food to another member of staff at a discounted price because he thought he had been at work)). Despite requesting the staff handbook three times now the manager has been "out" when I came for it or couldnt passi it over the counter because "he would be on camera"!

 

We have no way of knowing now if the suspension without pay is lawful under his contract of employment and what his rights are as an employee, we also do not have anything in black and white about the correct procedure for charging members of staff from other restaurants within the franchise.

 

The manager who chaired the meeting said that my partner would find out in 48hrs in writing what they had decidecided this means that it will be the end of the week before we will know if he still has a job or if he needs to make a claim to jobseekers.

 

I am at my wits end, how can they treat him like this?

 

Although we will exhaust the companies appeal procedure (should he get the sack) because his employment is less than one year (by two months) we wont be able to get a tribunal?

[SarEl]

Yes, I am afraid that is correct. But that does not change anything that I have already told you, and that is actionable. If he has been given no contract of employment (or to be more precise, no written statement of the main particulars) then that is an actionable offence in employment law, but can only be claimed as part of another claim. The other claim being unlawful deduction from wages in relation to a period of unlawful unpaid suspension. Unpaid suspension is (a) rarely permitted in law, (b) must be for a very short period of time, and © must be laid out in writing in the contract - which since he hasn't got one, it can't be!!! It is up to the employer to prove to a tribunal that they have acted lawfully on these matters, not you.

 

But I hate to labour this point, and I don't want to appear like I am pushing you around, but this is down to you to do. I may be a lawyer, but that doesn't mean that employers and their lawyers don't try it on and try to bully me, give me the run around and claim they don't have the ability to give me documents I want. If you want to fight this you have to toughen up. Going down to the place and asking nicely to see a copy, and being told they can't show it you because of camera's is c!!p. I know it and you know it. It's the law that he is entited to these documents. And you do not need 52 weeks employment to have any of these rights. You can let them terrify you, or you can marshall your guns and come out fighting. What have you got to loose? If he is dismissed, then the answer is nothing. And if he isn't, is he going to sit around waiting for the next show to drop? Because if he isn't dismissed, that is what will happen unless he gets another job. This really is down to his choices. I can't tell you what to do but I can tell you that you can fight back - whether you do is down to whether you want to.

[MONX]

Thank you for your reply SarEL

 

I agree that they are playing fast and loose with the rules and the fact that they are refusing to give him a copy of the staff handbook is in our favour. The fact that he was suspended from work on 17th November without pay, they didnt attend the original disciplinary meeting or cancel it and the fact that nearly a month after he has been suspended, he has his disciplinary meeting only to be told he has to wait another 48hrs before knowing his fate is and should be unlauwful. Unfortunately we are in a position where until we know what that is we cannot act.

 

We have every intention of acting should he be sacked and even if he recieves a written warning and put back to work, he will continue to find alternative work. It is evident that they dont want him there and that they want to make an example of him. What ultimately worries me is the fact that he will be dismissed because of gross misconduct and they say the reasons are "misuse of staff discount scheme and cash handling" as someone whos normal occupation is retail assitant manager, this is going to have a big impact on his employment prospects and for that reason alone we will fight it .

[honeybee13]

Hello again Monx. I'm sorry they're still messing you around. Make sure you keep a log of everything that happens and any written evidence you can get hold of in case you need it later.

 

HB x

[MONX]

Ok its offical now....I am angry!!!!!!!!!!!!!

 

Here we are 72hrs since his disciplinary meeting and we still havent had anything from his employer, this is not incompetence or bad administration, this is purely to make us wait and punish us further!

 

I just dont think they realise just how much more this is going to motivate us to take them and any complaint we end up making to the bitter end.

 

I once played letter tennis with a council office for six months until they apologised for their treatment of me, compensated me handsomely and completed the repairs that were at the heart of the matter.

 

I realise that due to the fact that my partner wasnt employed by them for a whole year, it puts a limit on what we can expect in as far as tribunals are concerned but I will not rest until he is fully compensated, any pay due is paid and he has a clean employment record!

 

Grrrrrrr!!!!!!!!

[honeybee13]

Well I wouldn't want to argue with you, Monx . Please post again if you need more help.

 

HB x

[MONX]

Just cannot believe the nerve of my partners employer (ex?)....It is now been a week since his disciplinary, he was tole that he would hear within 48hrs and to be fair there has been some postal disruption because of the weather but I have received other post marked with thursday and friday posting marks today but nothing from his employer.

 

I just cannot believe that they are dragging this out for so long and part of me feels that they are going to keep him employed and just keep him in suspence so that he cannot make a claim to benefit or find another job! This is dispicable and I think they are just making things worse for themselves. I have every intention of making sure that every day they delay the more determined we are to fight them.

 

So far we have kept quiet and done as they said, not to contact anyone and wait the outcome if we have not heard from them by the post tomorrow I think a strongly worded letter is required, despite the fact that they may decide to sack him, at least we will know and he can claim JSA!

[MONX]

Partner just rung head office, apparently "the HR woman is off sick"!

 

Words just cannot convey how angry I am at the moment.

[MONX]

The letter finally came in the post today, my partner has been summarily dismissed on the grounds of Gross Misconduct from date of letter (21.12.10). Have ofcourse sent a letter appealing against the decision and formally requesting copy of staff handbook.

 

Not sure if it will do very much but at least i feel as though we know what is happening and can move forward, other half booked into jobcentre for new claim on Thursday.

 

Fantastic christmas present!

[honeybee13]

Hello Monx, I'm really sorry to hear that. I hope we can help you to pick holes in the employer's reasoning.

 

Take care and try to enjoy Christmas,

 

HB x

[Roblynmouth]

Hi

 

If they have suspended your partner and they haven't paid him i would assume that they are reluctant to provide a copy as they haven't got provision for this action in their handbook

That then will be breach of contract, you should file with an Employment Tribunal for breach of contract, mind you the amount

they pay will be the amount owning pus an additional 2 weeks pay [so if they awarded you today that will be 6 or 7 weeks pay]

Next did he get a contract of employment at all [most firms like this rarely provide one] that is an offense under employment law also actionable under the ET service.

Be advised there is a three month limit for ET cases but i am not sure about failure to provide a contract but you could add it anyway and let the ET disbar the matter. Perhaps somebody else could advise?

 

Just read the dismissal part

Get your ET1 started and dont worry about the appeal, you can always drop the ET 1 it if they reinstate him.

You can do it on line

http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm

 

This is a very easy process so dont be deterred

Employers loathe the Employment Tribunal Service [Most **** MP's, sorry Conservative would scrap the ET tomorrow if they thought they could get away with it] if your partners ex-employer cuts up rough over this then ask him to reinstate your partner or perhaps they would like to settle for £1,000 + the wages outstanding. These things cost employers lots of money to sort out

 

However and presumably the employer has already sent a cheque for outstanding wages, holiday pay, money in lieu of notice etc

Edited December 29, 2010 by Sidewinder
Potentially libellous wording removed

[MONX]

Although my partner signed for one (so they say) he never recieved a staff handbook or a contract of terms and conditions of his employment.

 

They have made a small payment but we have no idea what it constitutes as the dismissal letter does not mention it, one would assume it would be holiday pay but as I say there is no wageslip or anything showing what it is or how it is made up.

 

We have sent a letter basically appealing against the dismissal, the suspension without pay and the terms under which they have dismissed him. We have given them 14 days to pay him outstanding wages and said that as they have made him potentially unemployable by the terms under which they have sacked him, we have nothing to lose and will take it as far as we can so an employment tribunal is definately on the cards should his appeal not be successful.

 

We feel that the employer is making an example of my partner, it seems every so often his employer does this to one of the employees to serve as a lesson to the others so that they keep in line.

 

Despite being a honourable person, my partner now has the infamy as someone who has fiddled the staff discount scheme and some kind of sculduggery in cash handling...no employer will touch him with a bargepole now, especially if the job is in retail. This is the thing that for us is the important thing, the outstanding wages are dreadful but the prospect of not being employable is the bit that we cannot afford to let go.

 

I am just reading around making the ET claim and will go forward with it dependant on their reply to our letter.

[Roblynmouth]

Hi Monx

Get your ET1 in regardless, the effect of that will enable ACAS to get involved, they will be able to negotiate on your partners behalf and often obtain settlements very quickly. They did this for me on two occasions.

It doesn't matter that they say you partner has already received a contract etc, the dog ate it, you used it to pick dog poo, write giving them 14 days to produce new ones [all sent by recorded delivery]. In the letter tell them you are considering ET action due to the slur they had left on his character, sometimes the mere threat of action will induce them to offer a settlement. Next ask them for a detailed breakdown of the payment made, they are legally obliged to provide a payslip so that you ensure tax NI contributions have been paid etc. You may have to pay £10 for a copy of the contract and T&C's, but not for the payslip

Your claim is for breach of contract in not providing him with Contract, T&C, suspension without pay and failure to provide pay slips

The ET1 is simples to fill in and can be done on line if you want to.

Next start keeping a record of the time and costs you are having to make to pursue this matter, it is not normal that a ET will award you costs but if they do on account of the Judges disgust at the employers actions, you will have a record of costs incurred? I used £20ph for every hour or part of an hour spent on dealing with a matter like this as well as £2 per page [so a 4 page letter £8 + your copy £8 =£16]. On each occassion I have won I have always asked for a costs order [never got one yet but] and if you have the spreadsheet to hand it helps the Judge [impresses him no end if you are a litigant in person]

Next write lots of letters, keep their costs up in responding even a in house lawyer will cost then £50ph i would suggest.

Money will focus their mind very quickly and can led to a quick settlement to get you out of the way. Finely when i say you i mean your partner as you cannot represent your partner in a Tribunal