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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a registered manager of an extra care home and recently

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I am a registered manager of an extra care home and recently when I asked one of my staff if they would stay and be a note taker they became defensive and asked if they had a choice. When advised Yes they replied then the answer is 'No' and we don't get dinner breaks either. It proceeded with them saying I can't put up anymore with the stress and I want to go back as a carer. This meeting ended with me asking them to take sometime to think before making any decisions as the opportunity to speak about any concerns or on going support was there.
After leaving it soon became apparent she had left and in doing so a home care run was missed. The next day she texted her friend ( works on admin) to report going to the doctors and wouldn't be in. A note was received for 1week I had no contact with her during this time and at the end of this week she went off on holiday for another week. On her expected return I was on holiday and she returned and following an investigation by another manager into her actions she was suspended on the 27th July.
On the 20th August she raised a grievance against me and my employer has not to date made aware of this grievance but I do know they took some of the issues raised into consideraration when making the decision to offer her a step down to senior position. I also have seen an email that confirms they did not fully read the evidence compiled by the presenting officer who was asked to leave before the hearing commenced so unable to present any additional information.
I have only seen part of the grievance due to a unnamed person showing me just a few of the allegations unwilling to show more as they said it gets far worse and are personally aimed at me and very malicious to the point of trying to say I run a prison, individuals can't read or write, have no compassion. I have been told this is to be investigated.
I have been told they are looking at overturning their original decision ( senior position to gross misconduct) having now discovered evidence that should have been included in the hearing and proves she has given false information.
I feel vulnerable and having had no contact from my superiors isolated so I wonder if they intend to suspend me. How should I proceed and what should any letter I write include.
Is my job now untenable so should I resign with immediate effect raising a grievance against my company and the individual who raised this and with whom I thought had a good working relationship prior to a reasonable request.
I look forward to hearing from you very soon
Best regards
Susan
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
Since April 28th 2014
Expert:  Ben Jones replied 1 year ago.
Thank you and what are you hoping to achieve in this situation?
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I would like advice on what I should consider putting into any written correspondence if there has been any failure in following the organisations policy for grievance. The policy states you should be informed by your line manager so it can hopefully be dealt with informally or if formal you are given information that relates to you in the grievance.
I received a email today from the person who held the hearing to say new developments since hearing/ grievance (I am assuming HR has kept you updated). I just politely replied this was the first I knew of any grievance and could she tell me what it relates to? Reply - communication
All I want is fairness and the opportunity to view anything relating to me so I can put forward my defence and evidence.
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, at this stage the employer has not necessarily acted unlawfully because no formal action is being taken against you. Even if you were going to be placed on suspension it would not be 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.
What could happen is that the employer investigates the grievance and decides to take no further action, even without your input. That is allowed and does not mean that you need to be involved. This would only be required if they decide to take any formal action against you so you should be given the opportunity to speak out before a decision is made in that respect.
One important issue here is that your rights overall are quite limited in terms of what the employer does and any arguments of fairness. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So they could actually overlook the whole process, not involve you at all and skip any investigation and still make a decision to discipline you or even dismiss you. It may look unfair but it would be legal because you cannot challenge the procedural discrepancies due to your length of service. I would hope it does not come to that but just be aware.
In terms of what you should write to them,, then it is best to keep notes of exactly what has happened so that you have a concise version of your events to hand should you need it. But as mentioned it is not yet necessary as the employer is not taking any formal action against you at this stage.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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