i maybe suspended from work

[Emmzzi]

I'd leave the appeal standing.

 

I do hope you get a new office!

[dee6921]

thanks for this emmzzi.

what would you suggest if they do dismiss me ?

dee

[Emmzzi]

Whether they dismiss or not once you have the appeal result I'd be putting in an ET for disability discrimination by association. That is why I would ;eave the appeal - give them every single opportunity to prove they are clueless.

 

ETA - regular readers will know I almost never side with the employee. I think you have a genuinely strong case hence my move from usual stance!!

[dee6921]

thanks emmzzi.

will keep updating as things move forward

dee

[dj1971]

Hi Dee,

 

Sorry to hear you have been suspended.

 

I agree with Emmzi on this one. Do nothing until you know the outcome of the investigation.

 

If they go for dismissal then you have a strong case for disability discrimination, otherwise you request a transfer to another office.

 

Stay strong, this will be over soon.

 

DJ

[dee6921]

thanks dj

my grievance was submitted on the 7th aug

so do i need to get the et1 in before the 7th nov ?

dee

[dj1971]

The employment claim form must be submitted within three months less 1 day from the last act of discrimination.

 

Some of the more legal minded on here will be in a better position to advise, but I believe the outcome of the hearing would be the last act of discrimination and if they do go for dismissal, you may also have a case for unfair dismissal.

 

If they do not dismiss, you may also have a case for constructive unfair dismissal which would mean you resign and claim this was due to your employer making a fundamental breach of contract.

 

One more thing, do you have someone to go to the investigation meeting with you? Is always a good idea to have someone with you and you have a statutory right to this.

 

However as I say some of the more legally minded caggers will be in a better position to advise.

 

Stay strong.

 

DJ

[dee6921]

i dont have anyone dj

i can only tell the investigating manager what i have already put in my grievance appeal letter and

that i was on my dinner hour and collecting prescriptions or sat in my car ,

he said this was an investigation and not a disciplinary as yet , but that i think will be there next move to get rid of me.

anyhow im trying not to let it all make me ill again and appreciate all the help ive received .,thanks dj

dee

[dj1971]

No family or friends who could attend?

 

Didn't you tell us before your manager was aware you were going out at lunch time and never made an issue of it before?

 

DJ

[dee6921]

sorry dj

i thought it had to be someone from work or a union rep ?

and yes he was aware if i needed to go out on my dinner,and never had an issue with this ,

many times i would phone him to tell him this if the supervisor wasnt around

more often than not his phone would be engaged so id just go and do what i had to do

not thinking there would be a problem as the office was always covered.

i only ever saw my manager every 2-3 weeks and i have never been pulled about this by him

until i sent my grievance in to them,and they come up with this .

it grates on me that i actually went for weeks on end without an afternoon break because i was covering

for people going missing (in the toilet probably reading the paper )during the working day ,and yet they throw this at me.

i also wonder if they actually seen me sat in my car most dinner times because it got to the stage i couldnt stand being near any of them.

(rant over lol sorry)

[Emmzzi]

dee, rep or colleague is what the law says you can have.

 

your employer *may* allow a friend WHO IS NOT A LAWYER in with you. but they do not have to.

 

also you can take any uion rep - doesn't have to be a union you are a member of. so if you have any mates who rep elsewhere, ask them.

[dee6921]

i will do this

thanks emmzzi

[dj1971]

Dee,

 

No need to apologise, you have very good reason to complain. The way you have been treated is disgusting.

 

Technically it should be a union rep or work colleague.

 

I was in the same position as you in that I did not have a colleague I could trust so they allowed me to bring a friend. Is worth contacting the investigating manager and asking if they have any objections to you bringing a friend to the investigation meeting.

 

In my opinion this is a clear case of victimisation. Action by your employer in response to your having submitted a formal grievance.

 

It will be very difficult for them to take dismissive action now when your manager has known all along you were sometimes leaving the building and exactly why and if they do it will only serve to further strengthen any potential legal action you may take against them.

 

Personally, I think you should think about what you want to happen. Do you want to put this whole sorry mess behind you and be transferred to another office, or do you want to take legal action?

 

Is a tough decision to make and we are all here to support you in whatever you decide. But it is only you can make the decision that is right for you.

 

DJ

[dee6921]

thanks dj

ideally i would like to remain in my job at another office

but then after getting that letter (it may amount to gross misconduct and immediate dismissal)

i thought what the hell am i doing offering to withdraw my appeal, i have done nothing wrong ,.yours and emmzi,s advice has

been of great help, i think i,ll just wait and see how it goes tuesday, then wait for the grievance appeal to be heard ,

i,ll let you know how i get on .

dee

[dj1971]

Good plan dee,

 

I strongly recommend you contact the investigating manager and ask if you can bring a friend along to the investigatory meeting as a support person.

 

Good luck

 

DJ

[dee6921]

thanks dj this is what the letter says

any thought on this would be great ,i have the nagging feeling they have already made up there mind .

 

You allegedly left site on numerous occasions whilst working at xxxxx without permission from xxxx management.

 

This information has come to light following the recent grievance and investigations which took place in September/October 2012 regarding other matters.

 

We reserve the right to add to these allegations as appropriate in light of our investigation.

 

Please be assured that this is not a disciplinary hearing and does not imply any assumption that you are guilty of any misconduct. At the meeting, I will be accompanied by a member of staff who will make a written record of the discussions.

 

The statutory rights to be accompanied do not apply however the company will allow you to be accompanied at the meeting by a fellow employee or a certified trade union representative. Should you wish to do this, it is your responsibility to make the necessary arrangements.

[Emmzzi]

that sounds like an investigatory meeting to me, not a disciplinary or a grievance etc.

[dee6921]

thanks emmzzi

im going to stop worrying myself silly now until its all sorted out .

[dee6921]

quick update ...i attended the investigation meeting and because my grievance was still ongoing they could not proceed until the appeal was heard.(still suspended)why could,nt they have phoned me last night ?

as i was in reception a fellow employee told the manager that he was going out to grab some lunch , my boss went red immediately and said dont be longer than 10 minutes ,

this is why we are here today. i actually laughed and said "no comment" i was so p..... off with them i thought yes its ok for everyone else to nip out for some dinner but not me .

anyway will keep updating ....

[dj1971]

Dee,

 

I agree they could have informed you of the decision to wait for the outcome of the appeal before moving forward with the investigation meeting, but unfortunately this type of behaviour is just part of the course.

 

Perfect timing the employee turning up when they did and saying they were going out for some lunch, hold onto that one for your investigation meeting when it finally happens.

 

Have you been given any indication on when the appeal hearing will be heard?

 

DJ

[dee6921]

Dee,

 

I agree they could have informed you of the decision to wait for the outcome of jthe appeal before moving forward with the investigation meeting, but unfortunately this type of behaviour is just part of the course.

 

Perfect timing the employee turning up when they did and saying they were going out for some lunch, hold onto that one for your investigation meeting when it finally happens.

 

Have you been given any indication on when the appeal hearing will be heard?

 

dj

No it was all quite quick and said they would phone me .

Dee

[dee6921]

dj

just had an email from area manager appeal hearing on the 8th

that was quick !

dee

[dj1971]

Dee,

 

Good that you have had a date although it could be argued this does not give you enough time to prepare, although I understand you want to get this sorry mess dealt with and to move on.

 

Looks to me like they want to get the appeal hearing out of the way in order to move onto the investigation meeting which could indicate they have already made their decision about your appeal and the short notice could be deliberate to avoid you having the opportunity to arrange for a support person to attend the appeal hearing with you.

 

Have you given any further thought to having a friend or family member attend the appeal hearing as your support person?

 

DJ

[dee6921]

dj

im trying to contact a union rep now, but think it might be to late .

dee

[dj1971]

You can reject their proposed date for the appeal hearing on the grounds they have not given you enough time to arrange for your union rep to attend. I suggest that when you do speak with the union rep, try and arrange a date and time in the near future that would be suitable for both you and the rep and also give you enough time to bring the rep up to speed on what has been happening.

 

Do not allow management to bullying you into their timetable, this has to be a fair process for all and I suggest it is crucial that you have a union rep there with you.

 

DJ