Just been Suspended and need advise please

[willarikk]

As the title suggests I am currently suspended Monday 7 March. I am being investigated for alledged breach of code of conduct and alledged breach conflict of interest.

 

This arises from the director requesting emails i had sent to a local authority advising I would share best practice with them as we are an arms length organisation, but still local government. I am a former employee of them and of our strategic partner where I manage that contract. I did disclose this at interview when I was appointed so all were aware.

 

I am being investigated because a few emails i sent to former colleagues advises that i will explain how the contract was won by the strategic partner but also did advise that I would not disclose sensitive financial information, which I have not and would not. The strategic partner got wind of the sharing best practice meeting and raised concerns that disclosure of information may predjudice them in the event of a re-tender of a local contract which both parties will more than likely be competitors. Additional info, I had witnesses on the day of their visit.

 

I admit some of the emails, were tongue in cheek and if read by a n other may raise some questions with reference to the wording in the main body of the email, but they were just general banter and tongue in cheek comments, bearing in mind these are former colleagues who I worked with for years.

 

My question is; In the absence of any hard evidence (as there is none) that disclosure has occurred (financial data) can I be dismissed for gross misconduct? I am totally innocent and that is what hurts.

 

Regarding the breach of the code of conduct, I had advised my line manager of this meeting months in advance, he had no concerns, and I have also approached HR on 3 occassions in the last 6 months where I had identified potential for me to be in breach when placing work with a former employer(have been round the doors in the area so it is difficult not to have an acquiantance with whom I have not worked), so its not like I am trying to hide anything......totally at sea with this and not sleeping etc etc

 

Please any advise will be appreciated.

 

Thanks in advance.

[MrBlack]

So some of the emails were tongue in cheek? Meaning - you used comedic inventiveness and word play to be critical of the company you work for, hoping that your genuine concerns with your company/bosses, diluted with a bit of comedy, would provide a bit of light relief in these emails you sent?

 

In our current PC climate, I would strongly advise you not to use humour in work emails again. "One man's meat is another man's poison" and all that.

[willarikk]

Hello, to be honest no the comments were to the tune of "naturally I will provide financial details" Not! There is no reference to my employer, I actually love my job and my place of work, have no issues or any reason to have any conflict with the organisation.

 

I also followed my quotes with a statement that I will not disclose finite details of the contract.

 

So my friend perhaps armed with this you would like to comment on your suggested outcome of this debacle?

 

I am totally innocent of any wrong doing, but having "intimated" in the email has resulted in a full investigation, rightly or wrongly but I would have assumed that trust comes into this and that asking the question would have been sufficient...clearly not.

 

I agree that emails should be more appropriate but we all have our moments of weakness.

[MrBlack]

Well, some of the business terminology here I don't understand. I do not know what you mean by 'arms length organisation', 'best practice' and 'strategic partner'. I work in the NHS as a nurse and there is something called 'best practice' here, but I suspect its context is very different to your usage of the term.

 

Anyway, I can only comment on the facts given. Regarding your emails - there does not need to be ' hard evidence' within them for your employer to flag them up as inappropriate. If you scan some of the other threads here you will discover that employment law does not run like criminal law. If the disclosure of sensitive information is a concern for your employer, then they just need 'reasonable belief' that their security is or is about to be compromised, for them to take precautionary steps to prevent that happening. It seems that is what has happened in this case. They have suspended you as a 'precautionary step'. Suspension is not an admission of guilt - your employer does not think you are 'guilty' yet. But they need to remove you from the workplace so that they can, objectively, collate all the evidence and assess it.

 

Not much you can do but abide by their policy regarding suspension at the moment and if you are called in for an investigative meeting, be honest, contrite and humble and tell them what you have told us here.

[honeybee13]

"naturally I will provide financial details" Not!

 

Hello there. Is this what you put in the email, without the Not! please?

 

My best, HB

[MrBlack]

"naturally I will provide financial details" Not!

 

Hello there. Is this what you put in the email, without the Not! please?

 

My best, HB

 

Yes, that was my concern too. I appreciate the original poster is saying this was a wry, sarcastic comment, but any third party reading that email will see it as a statement of intent.

[honeybee13]

Yes, that was my concern too. I appreciate the original poster is saying this was a wry, sarcastic comment, but any third party reading that email will see it as a statement of intent.

 

Agreed, MrBlack. The dangers of the written word and how it is interpreted. Am I right in thinking that you had a spot of bother yourself over the written word? Sorry if I've got the wrong cagger.

 

My best, HB

[willarikk]

Hello and thanks to all for taking the time to respond.

 

I can confirm verbatim that I actually said,

 

"we will discuss the tendering process of the *xxxxxxx* machine (*Company name*) and then extended to say that naturally I will not compromise my position so the finite details will not be disclosed".

 

Whilst in hindsite I may have been more selective in my choice of words, but really cannot see a problem with this. but I knew what my intentions were, being a broadbrush overview of how I run the contract and how the contract is performing. i.e. sharing best practice with another Local authority.

 

Whilst I now understand why they have suspended me I feel agreived that this is down to trust and they could of asked me whether I had disclosed information or not without all this heartache and stress.

 

But rules are rules I suppose, but to ask the question again, surely this will not result in dismissal?????

[honeybee13]

Hello again. I have to confess that rather like MrBlack, I'm finding some of the terminology hard to follow. Some of us here are simple souls, but maybe someone smarter than me will understand local authority-speak. Any clarificatioin you can provide could be helpful and get you more advice.

 

As for whether this could result in dismissal, do you have a copy of your contract of employment or employee handbook? That should give you some pointers about what breaches are considered serious enough to warrant dismissal, ie gross misconduct.

 

I would also be looking up what the procedure is following suspension. You would expect them to follow the procedures laid out in any handbook they may issue to staff.

 

Once you have an idea of the chain of events, we can help you work on your defence should you need it. I imagine there will be a meeting once the investigation is finished? MrBlack is right about contrition, etc if the meeting goes that way. It's worked for a few people here.

 

What do you think they have on you, how many emails and is there anything else?

 

My best, HB

[MrBlack]

Agreed, MrBlack. The dangers of the written word and how it is interpreted. Am I right in thinking that you had a spot of bother yourself over the written word? Sorry if I've got the wrong cagger.

 

My best, HB

 

That's me honeybee. Last year I was up for a disciplinary hearing regarding a comedy website that I ran that made references to my workplace. Luckily (VERY luckily I should say), the investigation was 'stepped down'. Due to me genuinely wanting to leave anyway and having just been been offered a job with a new NHS trust in a new county, I handed in my resignation and the deal was that my old employer would put "no sanctions imposed" on any references they needed to do when mentioning a disciplinary process.

 

Which basically, did the job as here I am, two months into my new job!

 

But I suspect Willarikk's position is much different to mine as I am under the impression he wishes to keep his job so for the meantime, any negotiations regarding the content of future references is irrelevant. He must just be honest and humble at the investigation process and if he feels that it could turn into a disciplinary hearing, review his options then.

[willarikk]

Hello and thanks once again for posting a response.

 

To advise further, and in simple terms I hope....... I work for a local authority and manage a contractor (strategic partner) who maintains /repairs the houses. I was asked if I could explain the processes we go through in delivering the service specific to KPi's and ICT and benchmar of costing etc (best practice) to another local authority.

 

Now then, I have been employed in the past by both parties, so naturally have friends in both. So when I conducted the "open day" aledgedly someone has raised a concern that I "may" have compromised my position and disclosed confidential information....which I have not, it is assumed. Following this the director asked for copies of communications etc (emails) which I gave him with no reservations as I know what has been discussed as do colleagues who I currently work with who were also in attendance, but interestingly not suspended like myself.

 

I do wish to keep my job as I love it and the people I work with, but feel that I have been stitched up. Yes it is a protocol to be suspended pending an investigation but does this warrant suspension? I put it down to trust, I only had to be asked whether or not I had disclosed anything...I am not liar.

 

So getting back to my original question, day 4 now of suspension and no word from HR as to the status of this investigation.

 

So to repeat the question, from those who wish to comment or have experienced or know of a similar issue, whilst some emails need explaining, in the absence of any evidence to suggest any wrong doing (as none has been done) apart from the aformentioned emails, could this warrant dismissal for gross misconduct?

 

Thanks in advance.

[honeybee13]

Hello again, thank you for that. As I mentioned before, it's worth having a read of your contract of employment and employee handbook, if you have them. They should show the disciplinary process, which I assume is what they're conducting and define gross misconduct in your employer's terms.

 

As for lack of proof, it could be a tough one. In employment law, as may have been said, an employer only has to have reasonable belief that the 'offence' has occurred. It's not like other types of law. There are lots of threads on the forum about GM if you have time to read them.

 

My best, HB

[willarikk]

Hello,

 

Thanks for that. Ok I now have concerns.....resonable doubt....how do I convince them nothing has happened even when they have investigated and found nothing, as I sure they wont.

 

I have copies of my contract, copies of code of conduct and copy of disciplinary process etc, they are following the set procedure, and disclosure of confidential information is gross misconduct, but I have not.....now the emails refer to explaining the process, not disclosing confidential information.....would that be sufficient to suggest reasonable doubt?

 

I am not expecting you to know the answer to that one......on another note can you advise further what GM is please?

 

You have got me know on terminology and abbreviations

 

Thanks

[honeybee13]

. GM = gross misconduct. HB

[willarikk]

Hello, Last post I hope...no pun intended.

 

Ok, hearing is tomorrow does anyone have some advice please.

 

Whilst I know I am totally innocent, but if it remains implied that I may be summary dismissed, should I resign? Whilst this is the last thing I want to do, is it worth it?????

 

If dismissed I will not get any reference of any worth, but if I resign I will get the very basic reference (which naturally I need for future employment) Which way should I go??

 

Can I resign as I feel that I had no other option and then proceed to ACAS?

 

I am totally in flux at the moment and perhaps sounding out may assist in my thought process, any suggestions would be appreciated.....please don't just read this, post a reply.

 

Many thanks in advance.

[Giggins]

Both the employer and employer have a "duty of care" to observe the "mutual trust and confidence" and not act in a manner, which is likely to destroy, or seriously damage that trust and confidence. Anything in writing which the employer can use to draw inference against you, could potentially amount to a breach of the mutual trust and confidence, with express particular, where fiduciary duties exist, for you to act in "good faith".

[willarikk]

Hello giggins,

 

Thanks for that, but what does it mean???

[Giggins]

Every contract of employment has an "implied term" that the employer "shall not conduct itself in a manner, 'calculated or likely to destroy' the 'mutual trust and confidence' between employer and employee without reasonable cause." Likewise, as an employee, you have to observe the "implied terms" within the contract of employment.

 

Fiduciary duties do not usually apply to "ordinary employees". However, if you held a position of "trust" within your organisation (manager, director, supervisor), and you breached your employer's "confidence" by sharing information with third parties, it could be argued that you breached the "mutual trust and confidence" by failing to observe the "implied term/s" of the employment contract. In turn, this could give rise to your employer dismissing you.

 

[willarikk]

Hello Giggins,

 

Thank you for that. I understand now. Well I can sleep safe in the fact that I have not disclosed any information to a third party or to any party to be honest so have not breached any trust, but clearly I have dented confidence as I am suspended. I know I have to answer to what the investigation has found (not sure what this could be) and I will do so in total honesty.

 

I am totally devastated as I really like the job and the people I work with, but if I have done anything wrong I have not done so knowingly. In this I refer to anything over and above a suggestion that I have disclosed information as I have not.

 

Fingers crossed and I can only tell my employer the truth, the rest as they say is out of my control.

 

I really need closure on this, it is affecting my health and that of my wife who is in bits.

 

I feel such a fool for "tongue in cheek" comments with former colleagues and in innocence I hasten to add, that it has come to this and caused all this hassle.

 

Thanks once again for your comments.