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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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my employer has suspended me on full pay. he offered me the

Resolved Question:

my employer has suspended me on full pay. he offered me the chance to resign or go to a disciplinary and highly likely i would be dismissed. He refused to allow me to adjourn the meeting to speak to my union representative and has told all the staff and the service users that I the manager of the service has been suspended. I feel he has made his decision and the disciplinary is merely a formality in his eyes. He has ensured that I cannot go back as the service users will have little confidence in me. he told all the staff that he had taken all my keys etc, again, unnecessary. He even spoke about how he needed to advertise for my replacement at the suspension. I have never been given the option of being accompanied at any of our meetings which were part of a grievance investigation but everyone else was
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question.

tdlawyer :

How long have you been employed there for?

Customer:

4 years in November

tdlawyer :

Okay, so you have protection against unfair dismissal.

tdlawyer :

You could argue, that you have in reality already been dismissed, and as you say, the hearing is a formality.

tdlawyer :

You could potentially resign and claim constructive unfair dismissal.

tdlawyer :

This type of claim is often harder, and it's usually better to be dismissed if you want to bring a claim later.

tdlawyer :

But it's possible.

Customer:

he does not seem to be taking into account my unblemished record and high achievements. his investigation has been unbalanced with key witnesses not being interviewed. He is also carrying out the whole process from start to finish. he is judge, jury and executioner

tdlawyer :

Yes, well, procedurally, this is likely to be unfair too. So, this is another basis that, if you were dismissed, you would have a right to claim for unfair dismissal.

tdlawyer :

You can bring these things to his attention now, and hope he rectifis them and you get a fair hearing - but do you really think you would get a fair hearing if these things were addressed?

Customer:

the grievance is about an alleged relationship with a member of staff and that i have treated him preferentially. all the complaints were about his behaviour and what he was supposed to have said or done, most of it here say or gossip. He has not even been interviewed as part of the process and they are doing nothing to him. I dont think i will get a fair hearing, i think his mind is made up, getting rid of me will solve a big problem for him, the other person has some protection under the equalities act and the staff who have complained about me have gave trivial reasons. initially they complained i behaved in a way that caused harm to the service users (vulnerable adults) but they gave no evidence to support this. CEO was just about to wrap the whole thing up when he got a potential grievance from the other member of staff which indicated there may be wrong doing on the employers part and immediately his interview was cancelled. the Ceo looked through historical emails between myself and this member of staff and found a couple where he has been flirtatous and probably inappropriate and i was immediately called in, asked to resign or face most likely dismissal. i was not given any kind of warning or chance to speak to anyone.

Customer:

is it not the case that suspension on full pay is not a disciplinary action and his telling everyone about this is totally unnecessary.

tdlawyer :

Yes, well, as you say this sounds like it could be a forgone conclusion - which is unaccapetable and you have the right to a fair hearing etc.

tdlawyer :

And to proper investigation into the facts of the cas.

tdlawyer :

case.

tdlawyer :

So you have four options really: (a) do nothing and attend at the heaeing (b) draw the employers attention to the defects and hope for a fair hearing (c) resign and do nothing and (d) resign and claim constructive unfair dismissal.

Customer:

i have just had the suspension letter and the allegations are mismanagement of the service related to forming an inappropriate relationship with a member of staff

tdlawyer :

It hardly sounds like something deserving of dismissal to be honest.

Customer:

mismanagement of a vulnerable employee related to conducting an inappropriate relationship with him and failure to establish clear boundaries for him and false statements as said i was not having an affair with him which i wasnt, it was based on the emails sent to me from him

tdlawyer :

This is why it's important that you should have chance to put your case and without that any dismissal is going to be unfair.

Customer:

is dismissal the only option for them? why does it have to be so. the emails are not in context and could be argued either way

Customer:

there are no company policies on relationships

tdlawyer :

No, they could give warnings, but they've told you (have they not?) that you're most likely to be dmissed?

tdlawyer :

Relationships, without any restriction in the policy or the contracts, are fine and not something you can be dismissed for.

Customer:

he has told me that my dismissal is highly likely and he even spoke about his need to advertise for my replacement. his actions in telling the service users indicate that i will not be back in his eyes

Customer:

am i required to tell staff etc that i have any kind of relationship with anyone?? i would have thought this was my business. i am unsure how they can show mismanagement of the service.

tdlawyer :

No, you dont have to reveal relationships etc. unless there is a requirement in your contract to do so.

tdlawyer :

So I agree that this is your business.

Customer:

rumours were going around about the alleged relationship which i denied. i am now being dismisssed for not telling them i was in a relationship ( i had a close friendly relationship which i felt was supportive as this person suffers from a mental health condition related to his time served in the armed forces. he came to me for a lot of support as he was not able to integrate into the staff team and i helped him through this, he has a very black sense of humour which i can also and we also joked about the rumours and made comments to each other from time to time about the rumours. they are basing the emails as evidence that an inappropriate relationship was in existence.

tdlawyer :

It sounds to me like there is no reason to dismiss or even discipline you here. You cant force them not to take action but can only react to what action is taken.

Customer:

a group of staff raised a group grievance about my competency as a manager and made many serious allegations about me which included that i behaved in a way that was detrimental to the health and well being of the service users when they were spoken to they had no evidence to support that and much of their 'evidence' was that the vulnerable member of staff made inappropriate jokes to them when i was not there. most of the other evidence was that i was not competent as a manager which is untrue, some even lied. they all got together as they wanted to get rid of me and they thought they had strength in numbers.

tdlawyer :

Sounds like there is more to this than is apparent then from the whole relationship issue.

tdlawyer :

As I say, you can't force them to retain you, but you can take action if they do dismiss you.

tdlawyer :

From everything you've said, I believe you would have a claim for unfair dismissal if they did dismiss you.

tdlawyer :

Is there anything else you would like to ask me?

Customer:

they seem to feel that i have mismanaged as a result of the relationship but have no real proof. what happens to me now?

tdlawyer :

You attend the hearing and tell them what you've told me and defend your position.

tdlawyer :

If the dismiss you, then you can sue in the tribunal.

Customer:

the ceo told me lots of different stories about how he would sack them all, then he was going to sack the vulnerable staff member and now its me.

Customer:

they have told me i would be dismissed. can they do that?

tdlawyer :

They can dismiss you - but if they do, it's likely to be unfair and that means you can sue.

Customer:

do you really feel i would have a case for unfair dismissal

tdlawyer :

Yes.

Customer:

on what basis?

tdlawyer :

The reason seems poor to dimiss you, they seem to have pre-judged the outcome and you're unlikely to have proper fair investigations etc. All this means any dismissal is likely to be unfair.

Customer:

thank you,

tdlawyer :

Youre welcome.

tdlawyer :

Can I just check you're happy with my answers today?

Customer:

yes, just wish you had made it all go away.....

tdlawyer :

Ah .... that one I can't do I'm afraid. But I do wish you the very best with resolving it quickly as possible.

Customer:

thanks.

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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