Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What type of gag order is this, what is it trying to prevent exactly?
It says I cannot talk with anyone else in the organization. If I do it will be deemed as a gross misdemeener
and probal dismissal
sorry about my words, it say gross misconduct
Talk about what?
a number of people have made some allegations about me and my leadership. Basically unhappy people. As far as I can tell there are no substantiated accusations only allegations.
I hae been suspended and waiting 7 1/2 months for a decision.
an independent person was called in to investigate the claims and told me there was only allegations.
So they are asking you not to discuss this with anyone whilst you are on suspension?
In the beginning I was also told I could not even talk to othe members of my family who also work with the organization
after four months I was told I can talk with them.
I want to know if this is just an harassment tactic or if it is leagal
I know there have been many wrong procedural things in the suspentin
I know that this is not an acceptable amont of time to be suspended without a conclusion
I believe the CEO has other reason fro wanting me out of the way
How long have you worked there for?
Can he put on a gag order without a legal court order? or without it being written into the terms of contact
Yes I was told I could not talk to anyone from the organization while under suspention
I have be with the organization in the UK for 35 years.
Is there anything specific you need to talk to people about in relation to this?
All of my staff and leadership team are left in confusion about what is happening.
There are other staff members that I believe would give positive testimony about me if given a chance.
They would also give testimony agains some of the accusers
In addition to the suspension they have already slandered my name by talking to others and sending out negative letters.
It is standard practice to request that someone who is on suspension does not contact other members of staff during that period and they would be designated a single point of contact within the company in case they had to contact someone. So imposing such a restriction is nothing unusual and there does not need to be anything in your employment contract about that – it is standard practice and it is considered a reasonable instruction by the employer.
If you wish to use employees as witnesses and to give evidence on your behalf, then you can make a request to include them as your witnesses when a formal disciplinary is convened. However, at this stage it does not appear that has happened yet so there is no right for you to request any witnesses appear on your behalf.
You do have the right to ask what the delay with the investigation is and ask to be given an update on the employer’s progress. Whilst suspension is not an indication of guilt, it should not be for longer than is reasonably necessary for the employer to conduct a reasonable investigation. Whilst sometimes a prolonged suspension may be necessary, you can ask why there has been such a considerable delay.
the investigator was given a list of some people to interview. But I was not given the opportunity to have him interview other personnel who have informed member of my family of misconduct on behalf of the accusers.
Along with the gag order I was told I have the right of appeal with the Board. But I am now told a board member will be with the CEO when decide on my case. As I understand it that will nullify the possibility of a just appeal with the board.
the investigation is for the employer to decide who to interview and what evidence to seek - they are in control there. But if this gets to a disciplinary then you can ask for specific witnesses to attend and provide evidence. As to an appeal, you have the legal right to appeal any decision taken against you. The ACAS Code which employers are expected to follow states that "The appeal should be dealt with impartially and wherever possible, by a manager who has not previously been involved in the case."
I am meeting with my CEO and a board member this Thursday. Do I understand they cannot discipline be at that time, but I can as for specific witness to attend and provide evidence. Or do I need to accept the discipline and go to appeal and as the witnesses to be present with evidence.
sorry I typed as twice when I meant ask
They cannot just discipline you like that, not without giving you a formal notice of a disciplinary, giving you details of the allegations and providing you with an opportunity to prepare a defence, arrange witnesses and so on
Thank you this has been very helpful
any further advice
well you are protected against unfair dismissal, they cannot just go ahead and dismiss - they need a fair reason, a fair procedure. As mentioned also the ACAS Code is something they should follow, you can read that here:www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf
I have read it and they have already broken proceedures
Breaches with procedures would be dealt with either through a grievance, or in the most seriious cases - resignation and a claim for constructive dismissal, or if you are dismissed - a claim for unfair dismissal
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