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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Kindly rate my question Below is a Suspension letter

Customer Question

                Kindly rate my question


 


Below is a Suspension letter against me,and I have given the details down the suspension letter as why the suspension letter was given to me.kindly go to this information below and please answer my questions which are at the bottom of this page. Wednesday 7th May 2014 Re:Suspension Dear ABC, A complaint has been made against you that (companys name) considers is very serious and requires investigation. The complaint is:Inappropriate Comments made to Members of staff during shifts,relating to anatomy,religion. A decision has been made that you be suspended from your normal duties whilst an investigation is carried out.Your suspension will be on full pay. Whilst on Suspension you are to keep yourself available for meetings as requested during your normal working pattern.You will be kept informed of the process and the results by normal mail,telephone and if you so wish email as well. Yours sincerely XXXXX XXXXX Manager INFORMATION REGARDING THE ABOVE LETTER HI my name is XXXXX XXXXX like to give you specific details of the above suspension letter.I work in a restaurant as a waiter,I joined this job in December 2013.There are other waiters and waiteresses that work with me,I was a friend with a young waiterress in the restaurant named susan.so somewhere in march 2014 I invited her to my house for a cup of tea.In return she complained to the general manager that it was inappropriate for me to invite her to my house.The general manager had a meeting with me regarding this with a staff member as a witness to our conversation,He told me that susan complained against me that It was inappropriate for me to invite her at my house and that if she didn’t wont to come,I should leave her alone.i just kept my mouth shut and listened to whatever he said.On 2/5/14 that’s on Friday this girl susan was beautifully dressed with half of her breast exposed ,so I said to her in a friendly way that you have beautiful boobs,she complained about this to the general manager that’s why in the complaint letter it is stated Inappropriate Comments made to Members of staff during shifts,relating to anatomy. There was another complaint against me on the same day,from another waiteress named Helen,who is quiet old around 58 regarding a conversation I had with her about god.During the conversation I asked her do you believe in god she said no,I asked her why?she told me because god took her boy child who was born dead,since I am a christian and have strong faith in my god Jesus, I believe that he is a giver of life and not death so I tried to change her mind regarding god that he always does good and not bad he gives life and not death.Than I asked her how many children do you have,she answered 4 boys and 1 girl,hearing this I said to her, now that you have 4 boys there is no reason for you to be angry with god. I didn’t knew she would get offended at this,(For she has a deep hatred for god as she beleive god took her boy child,and anything good you speak to her about god would offend her)she went and complained to the general manager about this that’s why it is stated in the complaint letter Inappropriate Comments made to Members of staff during shifts relating to religion.kindly answer my questions given below: 1)Is the complaints given against me have enough grounds for my suspension? 2)Please state the question you think they are going to ask me when they call me to attend this meetings? 3)Please state the answers I have to give to this questions so as to prove the complaint against me are invalid?


 


My manager called me on 12.05.14 and fixed the meeting on wed. which istomorrow for the investigation of the complaints given against me, and he also said if possible to bring a witness along with me. My question is, should I take a witness with me to attend the meeting?


 


Yours sincerely XYZ

Submitted: 3 years ago.
Category: Law
Expert:  Nicola-mod replied 3 years ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Kindly continue your search,i am waiting for my answer.


 


 


 


 


Thank you!


 


Fernando

Expert:  Nicola-mod replied 3 years ago.
Hello Fernando,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Thank you for your reply.


 


 


please do the needful.


 


 


Regards


Fernando

Expert:  Nicola-mod replied 3 years ago.
Hello,

I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Hello,


 


 


Kindly continue your search.


 


 


Regards


Fernando


 


 


 


 


 

Expert:  Nicola-mod replied 3 years ago.
Hello Fernando,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Dear moderator


 


I have received a call fom my manager regarding this suspension letter


 


for a meeting on wenesday.so i want you to do something quickly.


 


 


 


Regards


Fernando

Expert:  Nicola-mod replied 3 years ago.
Hello Fernando,

We will continue to look for a Professional to assist you. Unfortunately it is a specialist area which may be why it is taking some time.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Dear moderator,

 

I have got a mail from justanswer to set a new prize.I have already mentioned on the top of the suspension letter about it (as kindly rate my question )which is written in blue.As i have no idea of how to set a new prize,i kindly request you to set it for me and do the needful to find me a professional as quickly as you can as i am running out of time.

 

 

Regards

Fernando

Expert:  Nicola-mod replied 3 years ago.
Hello,

I'm afraid I cannot raise the price on your behalf. If you email Customer Support with your suggested price, then they should be able to set the new price for you.

Alternatively, if you click on "My Questions" when you are logged in, then click on the title of this question, by clicking "Edit" you should be able to change the price.

Thank you,
Nicola
Customer: replied 3 years ago.

 


Dear moderator,

 

I have already emailed my suggested new prize to customer support for 22 pounds and i have asked them to set me a new prize,if they find that prize is not sufficient.I would kindly like to remind you that today is the only day i have for my questions to be answered,as tomorrow i have to attend the meeting.

 

 

I have now called up the customer care and increased it to 33pounds.

 

 

Regards

Fernando

Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I have seen your queries and I am happy to answer some of these but you are asking about the questions they are going to ask you and the answers you need to give - it is not really possible for a lawyer to do this in detail with yo because no one really knows what you will be asked. I have so little detail about what happened that it is not possible for me to tell you the questions the employer may find relevant. As such that specific query is not really something that can be answered.

As to the answers you need to give, again there is no set way to do this and no set answers you can use - it is simply a matter of answering their questions directly. Most of this would be a factual issue, were you will be asked about what you said or what you did. The answers to that are simple - you tell the truth and you tell the employer exactly what has happened. There is no need to twist your answers in any way to ensure it is favourable to you - this could create even more trouble for you because you would then have to remember what answers you gave to what questions and it could complicate matters - so answer the questions truthfully and with as much or little detail as required.

You also ask whether the above are grounds for suspension. You should note that being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.

During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.

Finally, the companion you are allowed to bring - there is certainly no harm in getting someone n with you just to act as support and help you with taking notes but it is not a disaster if you cannot get anyone to join you.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 3 years ago.

Dear expert Ben,


 


If i tell the employer the truth,i fear disciplinary action may be taken against me which may lead to termination and may also have a bad reference.1)If the employer ask me whether i invited susan at my house,i want to answer no,since there is no witness to prove this,the only thing that the employer did was a meeting between me and a member of staff where he told me that susan found it inappropriate because i invited her to my house,and that i should leave her alone if she doesnt want to come.i just listened to him and did not spoke a word in front of the witness and the meeting ended,so there is no evidence to prove that i invited susan at my house.2)If the employer asks me whether i said to susan that her boobs are beautiful,i want to answer no,as there is no witness to prove that i have said this to her.2)If the employer ask me if i said to helen anything about her religion,i want to answer no to this question also since there is no witness to prove this either.I feel being honest and truthful in this case will only lead to termination of my job.so is it ok if i say just no to the above 3 questions of the employer.


 


 


Regards


fernado

Expert:  Ben Jones replied 3 years ago.
Hi Fernando, I cannot advise you on whether to lie or not just because you believe you can do this as there was no witness. Of course I have to say that you should not say this, unless it is the truth. So it would be entirely unprofessional for me to say - yes, go ahead and lie because you may get away with it as there was no witness. Therefore, if you wish to lie and answer no to these questions, that is a decision you will have to take yourself.
Customer: replied 3 years ago.

So it would be entirely unprofessional for me to say - yes, go ahead and lie because you may get away with it as there was no witness.


 


1)What do you mean by the word unprofessional from the above sentence?


 


2)Is it not the lawyers job to protect and prevent their clients from further damage and consequences that can be done to them?


 


3)so if i want to answer no to the employers 3 questions,what is the problem?In what ways can i be harmed by doing this?


 

Expert:  Ben Jones replied 3 years ago.
It is unprofessional for me to give you advice that would lead you to lie to your employer or to anyone else. A lawyer is there to look after the best interests of their client but that does not mean that they can advise their client to lie - lawyers do not do that. So if you want to answer no to these questions you are entirely free to do so, but i is just not for me to tell you to go ahead and do that - you need to make that decision yourself. If you do lie and say no then whilst it won't be a serious matter like a criminal issue, if the employer finds out it could make the situation worse and could lead to an instead dismissal and it can affect your references in the future.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 3 years ago.

if the employer finds out it could make the situation worse and could lead to an instead dismissal and it can affect your references in the future.

 

 

a)In what other ways can the employer find out that i have lied to him,when i say there is no witness to prove that i have said the above three sentence.

 

My manager said that i could be accompanied by another work colleague or my trade union representative as a witness.

 

b)can i know who is a trade union representative?

 

c)Is it legal to take my sister as witness?

 

 

 

Expert:  Ben Jones replied 3 years ago.
a) I cannot say that, I have no idea what information the employer has about this or what they may be able to find out in relation to it, all I can say is that if they find out you have lied then it could affect you in the future

b) This would be a person working for the union, so you would need to contact the union and ask them who their representatives are and if they are available to represent you

c) no you cannot take your sister to this meeting, she is neither a colleague nor a union rep.

If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 3 years ago.

b) This would be a person working for the union, so you would need to contact the union and ask them who their representatives are and if they are available to represent you.


 


can you give an example of a trade union representative


 


(a)who are the persons that are representatives of the trade union?


 


(b)are not all people having the national insurance number a representative of the trade union.


 


 

Expert:  Ben Jones replied 3 years ago.
a) as mentioned you have to contact your union and ask them who their representatives are - they will know and they will be able to tell you

b) not at all - every employee in the UK has a NI number, that does not mean that they are union reps
Customer: replied 3 years ago.


how do i find out which union i belong to?

Expert:  Ben Jones replied 3 years ago.
well unless you have consciously become a member and joined a union yourself you would not belong to one - it is not automatic membership, you actually need to have decided to join a union, paid membership fees and become member - if you have not done that then you will not be a member of one. Not everyone is a member of a union, many employees are not
Customer: replied 3 years ago.

If you do lie and say no then whilst it won't be a serious matter like a criminal issue.


 


(a)In what way can the below complaints lead to crimnal issue?


 


(i)Religion:give example


 


(ii)Anatomy:give example


 


(iii)inviting a work collegue(girl) to your house for a cup of tea

Expert:  Ben Jones replied 3 years ago.
Hello again, I am willing to assist further but it is uneconomical for me to continue if the answers above have not yet been rated by you so I will have to opt out of this conversation for now
Customer: replied 3 years ago.


Hi,

 

 

Satisfaction is fully guaranteed!

You will be able to ask follow-up questions until you are fully satisfied. You will then rate your Expert's service to determine his or her credit for helping you.

 

 

In the above sentence it is written:

 

 

I will be able to ask follow-up questions until i am fully satisfied and then i will rate my Expert's service to determine his or her credit for helping me.so how can i rate my experts advise when my follow-up questions are still pending and i am not yet fully satisfied.

 

 

 

Regards

Fernando

Expert:  Ben Jones replied 3 years ago.
I am more than happy to continue helping for as long as needed and after you rate but many people never rate so it becomes a waste of time for us so after a while we would rather opt out than continue without a rating...
Customer: replied 3 years ago.

Dear Ben



Take me by my words,i will never do such a thing.I respect people for their time and effort.It will be against my will to do such a thing.


 


 


Regards


Fernando

Expert:  Ben Jones replied 3 years ago.
Thank you, XXXXX XXXXX clarify in what ways was religion/anatomy involved in this situation?
Customer: replied 3 years ago.

Dear Ben



If you go through my original question and carefully study it,you will find out that i have precisely clarified in what ways was religion/anatomy involved in this situation.


 


 


Regards


Fernando

Expert:  Ben Jones replied 3 years ago.
Hello, there is nothing to worry about from a criminal perspective in terms of the religion comments, inviting the person to yours for a drink, especially as she came back voluntarily and also the comments about her anatomy. However, if you had made repeated comments about her anatomy or simply behaved in a way that she thought was unwanted and you knew of this but continued nevertheless, then it could amount to harassment. But that would not cover an isolated incident and there has to be continuous unwanted behaviour by you for this to happen. In any event this is quite a separate matter as it is not really related to the suspension, which is something that the employer deals with, and it is unlikely to amount to a criminal issue at this stage.
Customer: replied 3 years ago.

Hi Ben


I have already attended the first investigation meeting last thursday and i opted to lie to all the questions by saying No,No comments.Myself the manager and a bartender who is a witness on the manager side were present at the meeting.The managers questions and my statement were recorded on the computer by the bartender,after the meeting was adjourned i told the manager to send me a copy of my statement via email and most of the questions i suspected were asked to me at the investigation meeting by the manager.I have made this decision to lie because the employer has set a trap for me to terminate my job by planning to give me disciplinary for this nonsense complaint against me,since i believe he wants me redundant from my job,because there are extra employees than before.Prior to my suspension my shift hours have also been minimized to a great extent.


 


 


 


(a)If the manager does not send my statement via email,Shall i attend the next investigation meeting?


(b)Is it beneficial to take a trade union representative as my witness as I fear that at the next meeting i may be pressurerized to give statements against my will and that my statements may be abused?


 


 

Expert:  Ben Jones replied 3 years ago.
a) you should still try and attend the meeting but keep asking the employer for a copy of the statement and also try to take your own notes at the next meeting so at last you have something yourself rather than relying on the employer.

b) You are not legally entitled to take anyone with you at an investigatory meeting, this right only applies at a formal disciplinary hearing where your employment may be terminated
Customer: replied 3 years ago.

I invited her to my house for a cup of tea.In return she complained to the general manager that it was inappropriate for me to invite her to my house.The general manager had a meeting with me regarding this with a staff member as a witness to our conversation,He told me that susan complained against me that It was inappropriate for me to invite her at my house and that if she didn’t wont to come,I should leave her alone.i just kept my mouth shut and listened to whatever he said.


 


 


In the recent investigation meeting that was held on 15/5/14 i denied all the questions of the manager as no, no comments since i acted as if i didn't know what was happening and i had no idea about it.so the manager asked me whether i agreed with the meeting held ,which was between me,the manager and a staff member for calling susan at my house.i said yes,but i did not agree about calling her to my house(since during the meeting i kept my mouth shut and did not speak a word)


 


(a)what does it mean when you keep your mouth shut and dont speak a word when a complaint is addressed to you?

Expert:  Ben Jones replied 3 years ago.
I am not sure what you are referring to, there is no such specific phrase you are after, it just means you refuse to answer the allegations but that is it, there is no other specific phrase
Customer: replied 3 years ago.

There was another complaint against me on the same day,from another waiteress named Helen,who is quiet old around 58 regarding a conversation I had with her about god.During the conversation I asked her do you believe in god she said no,I asked her why?she told me because god took her boy child who was born dead,since I am a christian and have strong faith in my god Jesus, I believe that he is a giver of life and not death so I tried to change her mind regarding god that he always does good and not bad he gives life and not death.Than I asked her how many children do you have,she answered 4 boys and 1 girl,hearing this I said to her, now that you have 4 boys there is no reason for you to be angry with god. I didn’t knew she would get offended at this,(For she has a deep hatred for god as she beleive god took her boy child,and anything good you speak to her about god would offend her)she went and complained to the general manager about this that’s why it is stated in the complaint letter Inappropriate Comments made to Members of staff during shifts relating to religion.(This is copied from the original question,so you can understand better what i am trying to say)


 


 


This lady helen complained to the waitres(susan anatomy) about the above matter,and in return susan came and told me about this in good will that i should not speak against somebody beliefs.I said to susan that i spoke something which was disagreeing to my beliefs,since i am a christian and i did not knew that helen will get offended about this,i said to susan that i will apologize to helen and say sorry to her about this


 


During the recent investigation meeting,the manager had asked me whether(I said to susan these words........ that i spoke something which was disagreeing to my beliefs since i am a christian,and i did not knew that helen will get offended about this,i said to susan that i will apologize to helen and say sorry to her about this)


 


I answered No comments.


 


 


can susan be used as a witness against me,since i told her what i told to helen but susan was not present when i spoke to helen about the matter which offended her(religion)


 


 


 


 

Expert:  Ben Jones replied 3 years ago.
she can be used as a witness if necessary because anyone that has information about this can be used as a witness but obviously if they were not actually there then whatever evidence they have would not carry much weight as if they were a direct witness to what happened.
Customer: replied 3 years ago.

What do you mean by much weight?

Expert:  Ben Jones replied 3 years ago.
Well if someone's evidence carries much weight then it will be given more consideration by someone, if it does not carry much weight they will take it at face value, they may not consider it as important as someone who had direct evidence
Customer: replied 3 years ago.

Dear Ben


 


Whats the meaning of face value?i am just knew to these words.


 


 


 


 


 


Regards


Fernando

Expert:  Ben Jones replied 3 years ago.
To consider something at face value means to take it as it is, without giving it much consideration
Customer: replied 3 years ago.

 


 


she can be used as a witness if necessary because anyone that has information about this can be used as a witness but obviously if they were not actually there then whatever evidence they have would not carry much weight as if they were a direct witness to what happened


 


 


 


(i)What will happen if i say that the above witness is a false witness against me?


 


(ii)What if they bring false witness against me?can they justify their complaints by a false witness?


 


 


Regards


Fernando


 

Expert:  Ben Jones replied 3 years ago.
Hi, I am sorry but this conversation is getting quite prolonged now and we are really starting to diverge from the original issues that were discussed. I am sure we can carry on discussing this for weeks and weeks and there are endless situations we can talk about in relation to this situation. Whilst I appreciate you have promised you will rate when satisfied, this could come after an unreasonably long period of time, and it would simply not be worth my time to continue until that time comes.

So I am afraid I will have to leave this conversation now and if someone else wants to take over then they can as this question will be open to all others. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I am more than happy to continue helping for as long as needed and after you rate but many people never rate so it becomes a waste of time for us so after a while we would rather opt out than continue without a rating...


 


 


I have rated your answer,I have kept my words,now its time for you to keep your words.


 


 


Regards


Fernando

Expert:  Ben Jones replied 3 years ago.

Thank you - when you refer to someone using this witness, who are you referring to - who will be using this witness?

Customer: replied 3 years ago.

she can be used as a witness if necessary because anyone that has information about this can be used as a witness but obviously if they were not actually there then whatever evidence they have would not carry much weight as if they were a direct witness to what happened

 

(i) If susan gives witness against me can i say that the above witness(susan) is a false witness against me?

 

(ii)For the next meeting i am told to come with a trade unioin representative,if i confess the truth with the trade union representative about the complaints against me,could he be a possible threath to me?

Expert:  Ben Jones replied 3 years ago.
I saw that but who are you referring to - who will use her as a witness, the employer?
Customer: replied 3 years ago.


yes the employer.so can i say susan a false witness.


 


(ii)For the next meeting i am told to come with a trade unioin representative,if i confess the truth with the trade union representative about the complaints against me,could he be a possible threath to me?

Expert:  Ben Jones replied 3 years ago.
the employer can use whoever they want, even if they give a false statement. Please remember you are not protected against unfair dismissal so the employer does not have to follow a fair procedure - they can take action based on a rumour, or even on false statements - the key is that there is no requirement for the employer to follow a fair procedure because you do not have enough service with them to challenge this (you only get this once you have 2 years service).

If you confess to the trade union rep you can ask him not to disclose any of that information to the employer but you cannot expect him to lie for you - so if he is uncomfortable with representing you when he knows the truth he can refuse to help you, but it does not mean he will disclose the truth without your consent

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