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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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i send an couples of text messages to the store manager's personal

Customer Question

i send an couples of text messages to the store manager's personal mobile phone and now i had been suspended with pay for the reason of inappropiate messages send to the manager with the contents of a derogatory and homophobic nature.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today.how long have you worked there for?
JACUSTOMER-wps7jcdn- : Five years.
Ben Jones :

First of all it is important to 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.

Any period of suspension should be as short as possible and reviewed on a regular basis. A knee-jerk decision to suspend, without considering whether this is actually necessary, or if it could be avoided, could result in the employer acting in breach of the implied term of trust and confidence. This could prompt the employee to complain to the employer, such as by raising a grievance.

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.

In terms of the allegations against you, even if you sent the messages to the personal mobile of someone else, there is still a work connection because they are your colleague, nt only that but also a manager. So they may have been offended by these messages and complained about it. The employer can still take action because you were sending them to a colleague so there will be a link through your employment. How serious an offence this is will however depend on the nature of the messages and also the culture of the workplace – for example if sending such messages between colleagues is something considered ‘normal’ in your place of work and this has happened before with this individual without incident it could be deemed as a less serious offence.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-wps7jcdn- :

I got the letter from district manager to attend the meeting on 16th of december2014 at 3 pm at the rdc. for confirmation, i have to contact pwc. my friend told me not to go on that date. pwc told me mattew will raise a few questions to establish the allegations and investigations but i am not really sure about this is the displinary hearing or formal meeting with me.i don't know what to do. i sent the text messages to the store manager which has content of a derogatory and homophobic nature. i am not telling about him i am telling about the third party.

Ben Jones :

If you have not been specifically told that this is a disciplinary hearing then you should assume it is an investigatory one - this is just a meeting to ask you questions about what happened and establish if there is anything that would justify taking this any further. You cannot be penalised at that meeting and no formal action can be taken against you. It is just an opportunity for the employer to hear your version of events as to what happened before deciding on whether to take this any further.

Ben Jones :

Does this clarify things for you?

JACUSTOMER-wps7jcdn- : I got another letter with recorded delivery, say that
JACUSTOMER-wps7jcdn- : dear lay khin
JACUSTOMER-wps7jcdn- : Futher to your telephone conversation with imran Salam on Saturday,6 th of December 2014 I am writing to confirm that you are suspended pending further investigations into the following allegations.partaking in any unlawful discrimination or harassment - inappropiate SMS text messages sent to Lidl walthamstow store manager on 23/11/2014 and 02/12/2014 with contents of a derogatory and homophobic nature.
JACUSTOMER-wps7jcdn- : anti harrasment policy: harassment is any unwanted physical ,verbal ornon- verbal conduct which has the purpose or effect of violating a person's dignity or creating an intimidating hostile, degrading , humiliating or offensive environment . A single incident can amount to harassment. Inline with the company's disciplinary and grivance policy I am carrying out an investigation into the allegation and you are invited to attend a meeting with myself on Monday 22nd 12:30 pm at rdc , enfield.
JACUSTOMER-wps7jcdn- : Please confirm that you are able to attend the meeting with Susan ( personal and welfare coordinator) on .... It make me scared that this is investigation or displinary . What kind of meeting? PAC said it is investigation meeting but I don't believe her she goons be on holiday on Monday what should I do pls advice me
Ben Jones :

It still does not mention anything about this being a disciplinary, you are currently suspended and the likelihood is that you are being invited to attend an investigatory meeting. If you attend and they state it is a disciplinary you can refuse to proceed with it and ask that it is adjourned and that you are given details of the allegations against you and time to prepare, as well as being told it is a disciplinary. You are also entitled to be accompanied at the meeting by a colleague or a trade union rep

Ben Jones :

Does this answer your questions please?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

JACUSTOMER-wps7jcdn- : It is very good answer but when I press the smiley face I don't know what is all about
Ben Jones :

Sorry there may be a technical issue, you can either try again or we can do it ourselves later on, thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
I attended the meeting .they said they will investigate the other parties .
Expert:  Ben Jones replied 2 years ago.
ok good so it is still very much in the employer's hands for now, leave the to investigate and see where they take this next

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