Suspension

[Serendipity 42]

hi all' new to this site, I am waiting for a letter outlining the full extent of the allegation that has led to my suspension. I believe another manager has been encouraged to make the allegation by the divisional manager who I approached for support in the absence of my manager.

 

I have put up with nearly 5 years of bullying tactics and this is the final insult. I have no union rep and I am not allowed to speak to staff, I have not been given my managers details as a contact but another manager and my divisional manager, I find this odd because she is instrumental in ensuring we carry out the job and i was working to her example, i truly believe i may be scapegoated for this alleged offence.

 

altering information to achieve performance targets.

 

Has anyone been through something similar, maybe have some advice:-x

[Sidewinder]

Hi and welcome!

 

It is difficult to advise unless we know some more details about exactly what you are likely to be accused of. What information is it alleged that you altered? What is the nature of the bullying?

 

Whilst suspension should not be viewed in itself as a punishment, it would normally indicate that a serious enough allegation has been made that you need to be removed from the business whilst the allegation is investigated.

[Skinnered]

The accusation leading to suspension is;

 

"altering information to achieve performance targets".

 

Suspension is a disciplinary action, moreso if it is without pay.

 

If you feel that the explanation you have been given is not suficiently clear ask for clarification.

 

If you have not already done so put your version of events in writing, highlighting the point that you were acting on direct instructions.

 

Forward copies to all concerned.

[Sidewinder]

Suspension is a disciplinary action, moreso if it is without pay.

 

Suspension is a neutral act during a period of investigation, not a disciplinary act. Suspension without pay is almost always unlawful.

[Serendipity 42]

Thanks for your responses so far.

 

I just want want to point out i only took on this responsibility in july last year, my manager and a team leader had previously worked together on targets for 4 years and never once failed to meet the targets.

 

I took my lead from my manager when i took over with support from the team leader as she had a more in depth knowledge of the system and the adjustments allowed as previously sanctioned by my manager therefore i dont feel i have done anything wrong.

 

However I can not say mistakes may not have been made until I know specifics, but the accusation seems odd in as much as, this will be the first time in 5 years that targets have not been delivered, we failed despite my best efforts, so if I was doing as has been claimed, why on earth would I fail!

 

I suppose it is a bit early to be making assumptions, but as with many others online I feel sick with worry, hence the early morning posts, just trying to put my mind in a good place after all I am my only source of income and being dismissed fills me with dread.

[altobelli]

- Write to the employer saying that you feel suspension is unjustified and that you want to return to work.

- You can speak to employees, the company has no right to tell you not to.

- Ask in writing for specific details of the accusation, stating the background and that you feel the accusation may not have been made in good faith.

[Emmzzi]

what sort of adjustnents? I can only think of altering call types or claiming things as sales or leads that weren't, or were in the wrong time period. all of which would be falsifying records.

[Serendipity 42]

Thanks for your help Altobelli, is it appropriate to do this by e-mail also should I wait for their letter first?

[Serendipity 42]

No letter yet , I have emailed today and explained my understanding of the situation and asked for the opportunity to go back to work until situation resolved. I have pointed out that without clarification it is hard to pitch my case, however I believe the accusation is i a knee jerk reaction to what was a very stressful week and whilst I may have made mistakes any alterations are in line with permitted internal policy and sanctioned by my manager.

 

I know this is a bit early doors, but I am not confident of support of people at work after all they need their jobs too, but when should I note lack of support from colleagues at work and ask for the opportunity to resign and seek alternative work with a decent reference in place. or is that giving in too soon and might be considered an admission of guilt?

[altobelli]

I think the approach you have taken is the right one.

 

I would wait for the moment and see what response you get from the employer.

 

One thing though, if you have colleagues with whom you are friendly outside of work don't lose contact with them at this time because of the employer's actions or requests.

[Emmzzi]

could you answer my question in post seven please? or you are getting advice on only partial information.

[Serendipity 42]

Hi again AB, thanks for the positive feedback, I have also called this afternoon and told the manager who accompanied the senior that I have still not received any clarification, she said that was not right and it should have been sent within a 48 hour period and she appreciates my worry and will speak to the senior manager alert him to my e-mail and chase the letter.

 

However she thought it unlikely they would consider my return to work until following the outcome of any investigation.

 

I will have to start putting plans in place to fill the days ahead with useful things to do or I am going to go mad I think!

[altobelli]

Hi again AB, thanks for the positive feedback, I have also called this afternoon and told the manager who accompanied the senior that I have still not received any clarification, she said that was not right and it should have been sent within a 48 hour period and she appreciates my worry and will speak to the senior manager alert him to my e-mail and chase the letter.

 

However she thought it unlikely they would consider my return to work until following the outcome of any investigation.

 

I will have to start putting plans in place to fill the days ahead with useful things to do or I am going to go mad I think!

 

This is a good opportunity to keep an audit trail of what is being said.

 

You should email the manager with whom you spoke - recap the conversation you had, thank the manager for understanding your concern and state something along the lines of 'as you mentioned, clarification of the allegation should have been provided within 48 hours and you await receipt'. Ask for a reply to your request for a return to work, you could mention that you feel that suspension is not necessary in the circumstances. It is worth getting a written reply to your request to return if possible.

[Serendipity 42]

Hi just received the letter, there are no specifics, it just says altering information to avoid showing true waiting times. This is odd, because there are many of us who are tasked with validating and they all use the same methods as per the senior line managers instructions, whose mantra is 'I never break rules I only ever bend them' she has also sat with me and a colleague and told us how to reflect the information.

 

I am worried because they are both still in work and could be digging up all sorts as part of the investigation.

 

Any ideas on how best to respond to the letter, should I just reply and refute the allegation, but leave specifics until the meeting?

[altobelli]

Hi, I would write back and ask for more specific information in order that you can prepare for any disciplinary meeting. Have you ever knowingly altered any information, i.e. is the accusation false or is it true but was common practice?

 

Also, put in writing the background to the investigation and mention that you fell the investigation may have come about because you went over the head of your line manager and spoke directly to the divisional manager.

 

It may also be worth mentioning in writing that you have been suspended for some time now and this may be causing you some anxiety. Make a formal request to return to work pending the outcome of the investigation and any disciplinary.

[Serendipity 42]

yes all staff tasked with validation regularly alter information, this is common practice there are allowable changes and the policy interpretation is overseen by my manager.

 

I did already send the suspending manager an email asking for the right to return, I also followed this up with a phone call, he refused and said he was following the policy.

 

I also mentioned that I did not feel the allegation has been made in good faith, he did not respond to that.

 

So perhaps I should respond via letter with the same informationand send a copy to the H.R. Manager also?

[altobelli]

I would advise responding in general terms - something along the lines of 'at all times you followed managment's instructions and complied with generally accepted practice' and 'management were at all times aware of your actions'. Don't acknowledge specifically that you altered information at this stage as the employer may interpret this as an admission of guilt. Request more specific information, i.e. specific episodes where you are alleged to have altered information with times and dates, this will allow you to give a more full response.

 

Mention in your letter that you are concerned about the timing of these allegations against you (you could put 'as per my prior email' when you send this). Do this as diplomatically as possible. Its worth doing this now as should any Disciplinary go against you and you then subsequently raise the matter of why the allegation was made in the first place, it may weaken your defence if you haven't mentioned it previously and had it taken into account at the time of the investigation.

 

Regarding the suspension, I would request that as you feel that your actions have at all times been taken with the knowledge of management and in line with generally accepted practice, you would request that the suspension be lifted. Ask if they can confirm in writing whether or not they are willing to do this.

 

Has the employer at any time indicated that you are being accused of gross misconduct and/or that termination may be an outcome?

It may be worth copying in the HR manager, I would recommend waiting to hear first from the manager who suspended you.

[Serendipity 42]

Thanks Altobelli for some well timed advice, I am working on my statement now.

 

they did mention that any disciplinary could ultimately lead to dismissal.

 

My next problem is finding someone trustworthy to come with me to a meeting when they give me the date, I am not allowed to approach colleagues, but I assume that is only within my department, so I may ask for someone in another department who has no influence within my own department, do you think that is acceptable?

[renegadeimp]

You are not allowed to approach colleagues? Who told you that rubbish? It is your legal right to have a Union rep or Colleague with you in any disciplinary meeting.

[Atlas01]

Hi just received the letter, there are no specifics, it just says altering information to avoid showing true waiting times. This is odd, because there are many of us who are tasked with validating and they all use the same methods as per the senior line managers instructions, whose mantra is 'I never break rules I only ever bend them' she has also sat with me and a colleague and told us how to reflect the information.

 

I am worried because they are both still in work and could be digging up all sorts as part of the investigation.

 

Any ideas on how best to respond to the letter, should I just reply and refute the allegation, but leave specifics until the meeting?

 

The advice in post #17 is how i would approach it, don't forget they are giving you next to nothing as a tactic so you cannot have time to refute the specific points and also in my experience so they can be sprung on you at the investigation in the hope of catching you out. Legally it's not until you get to a disciplinary hearing when they must produce everything they intend to bring forward

 

They are within their rights just to say "altering information to avoid showing true waiting times" at this stage just as you are thus within your rights to be unable to respond until they actually inform you of the exact info and times and such (see post #17), also remember that when you get to investigation stage the more complex and technical the information is the more time to consider it you may need, remind them that it has taken x weeks to bring this information forward and it would be unfair to be expected to give an immediate response until you had actually had time to consider the information properly, this may be a few minutes to requesting an adjournment

 

All that said and i'm reading between the lines a touch but i think you actually know what will be upcoming, what lists you have altered and how, therefore if this is the case i'd be spending my time writing down and detailing exactly what flexibility you are given as a team, who when where this was done, how often, i'd also be looking to evidence what you can here because if you can pin this and prove it was a management instruction this will be you line of defence.

 

 

If you have no proof or it ends up as your word against the manager who remains in work you can probably guess the outcome, spend you time looking for proof of your mitigation as the event has been done

[Serendipity 42]

thanks Atlas for the advice, ironically the people looking for evidence will be the very people who change or alter information in line with accepted practice, as I mentioned there are alterations allowed, but open to local interpretation and mainly just by being instructed, no local policy with specifics.

[Serendipity 42]

Thanks renegade, much appreciated:-o

[Serendipity 42]

just a thought, but given the past 5 year history with my (managers behaviour see first post, ) and now being suspended for actions followed on said managers instruction, is this enough to take out a grievance against my manager or the suspending manager?

 

And how would that affect the current situation whilst waiting for initial investigatory meeting, or should I wait until I have more information, I.e. specifics.

[Serendipity 42]

I have contacted a manager who works in another department to support me, she has no influence within my department and she has kindly offered to come along when I get the date for the investigatory meeting.

[Serendipity 42]

I found out today who the commissioning manager is, does that mean the allegation was made directly to this person, or is she just being used as a tool to launch the investigation?

 

I ask because when I was told of the suspension the divisional manager said that the allegation had been made to him and the commissioning manager was stood in the room at the time and I was told, I could contact either her or my divisional manager, is that right?