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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am currently under investigation, this is not a disciplinary

Resolved Question:

I am currently under investigation, this is not a disciplinary procedure, but one may follow. I also about to start maternity leave. Should the disciplinary hearing run into my maternity is this suspended or does this continue?
Also I have signed a training agreement saying that I will repay my training if I leave within a year of completion. Are they able to remove this money from my SMP? I have no other maternity? If they did this this would leave me with my final payment being below the minimum wage.
Finally I have an outstanding bonus payment - since April. How can I go about getting payment for this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are you being investigated for an allegation of gross misconduct which is uncoonnected to your pregnancy?

taratill :

When is your maternity leave due to start?

Customer:

I don't know if the allegations amount to gross misconduct. I suspect that from the wording used that they are trying to amount them to gross misconduct. It hasn't however been made explicitly clear. This allegations are not directly related to my pregnancy (time off due to illness etc). The allegations are:

Customer:

1. That I have applied unsound professional judgement by entering in to inappropriate communication with other employees
2. That I have used abusive and defamatory language in written communication. which includes involvement in communication that makes suggestive references of threatening behaviour towards team members
3. That you have abused company facilities, specifically (but not restricted to) the internet, email and skype which is strictly prohibited during work time including the access of inappropriate and unsuitable sites and material

Customer:

I've requested that my maternity start Nov 3rd and I have requested 4 days holiday prior to that - although I've had no acknowledgement of this request

taratill : Hello how long have you worked with the employer for?
Customer:

Nearly two years, it will be two years on November 5th

taratill :

Ok many thanks, ***** ***** think that there is any merit to the allegations or do you think that the pregnancy is the reason they are trying to get rid of you?

Customer:

I have said and done things over skype, there is evidence to show that. And I have been part of conversations where people have said not nice things against other people in the business. I haven't agreed to any of the statements or started any of them myself. However, I do feel that the evidence has been hunted for against me specifically rather than a balanced investigation. Also I feel that they are disproportionate, for example the inappropriate website is YouTube were I've send a video of a cat singing happy birthday, as it was someone's birthday. My boss has said me YouTube links for DJ's via email during work hours and sending videos or images over skype or email is common practice in the business.
Also in terms of the language used there are two members of staff, one more senior and one more junior, who constantly swear and use inappropriate language and its just made a joke of, rather than being considered grounds for investigation.
I believe that the pregnancy hasn't helped, but that the real reason is that I've started to refuse work that isn't part of my job. They had offered me a promotion and when I consistently said no to starting work within the remit of a new role I was accused of being difficult and was shouted at.

taratill :

Ok thanks so to be clear other people have done similar or worse and have not been investigated or suspended?

Customer:

Sorry I can't phone as I have someone coming over in a second

Customer:

But the above is correct

taratill :

Ok no problem, let me prepare an answer for you. You will receive an email when it is is ready.

Customer:

great thanks

taratill :

Hi you should raise a grievance to say that you believe that you are being treated differently on the basis of your pregnancy from people who have done the same or similar who have not been investigated. You should say that you believe that this is unlawful as it amounts to pregnancy related discrimination. You should say that if you are dismissed then you will have no alternative but to raise a claim of unfair dismissal and discrimination in the Tribunal.

taratill :

Your employer is entitled to take disciplinary action whilst you are maternity leave. Provided that action is not discriminatory. As you are being treated less favouarbly then you can argue that this is discriminatory.

taratill :

If you signed a training costs clause then this may be deductable from your final salary, it will depend on the wording of the clause.

taratill :

You should be entilted to your bonus, you should say that they are in breach of contract if they do not pay.

taratill :

If you need any further informaiton about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my asnswer. Thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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