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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6466
Experience:  15 years experience of advising on employment law matters
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I think I have been unfairly dismissed and feel it is constructive,

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I think I have been unfairly dismissed and feel it is constructive, who and where can I get some advise from?

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and why do you think you have been unfairly dismissed?

JACUSTOMER-h1mtanfk- : I have been with the company for 12 years and I am a operations manager for 10 of them. I haven't been sacked as yet, but I have Beene suspended on full pay will an investigation is taking place. I have received my suspension letter and one of the statements States that I have come to a state with the company and my employment is untenable, which I read as you will no longer be working with the company.

Ok thanks, ***** ***** the allegation that has led to your suspension?

JACUSTOMER-h1mtanfk- : I can forward you the letter which this is stated on so you can see what I mean.

Ok thanks

JACUSTOMER-h1mtanfk- : Not sure how to attach the letter without abn e-mail address

you can cut and past it on to this thread.

JACUSTOMER-h1mtanfk- : I have tried cut and paste and won't allow me, do you want me to write all that is in the letter or can I email to an address, it is a photo of the letter, please advise, thanks, MIke

HI if you could copy what is in the letter that would be great.

JACUSTOMER-h1mtanfk- : Dear *****,
JACUSTOMER-h1mtanfk- : i write further to my telephone call on Friday afternoon, 10th October, at 14:06 hours and confirm that you are suspended on full basic pay until further notice pending a full investigation. As I explained to you I had intended to advise you of your suspension face to face but decided to telephone you and tell you as you had expressed your frustration at being asked to travel to Willow Farm for a meeting today, 13th October 2014.
JACUSTOMER-h1mtanfk- : As as previusly advised, reasons for suspension is due to the following allegations:
JACUSTOMER-h1mtanfk- : * that you failed to adhere to the instruction not to visit the shop floor at Rolls-Royce EAst Kilbride site
JACUSTOMER-h1mtanfk- : * that you have failed to adhere to the instruction not to communicate with the forklift truck operators at the Rolls-Royce East Kilbride site
JACUSTOMER-h1mtanfk- : * that you indicated to a CEVA Superviisor that it would be a good idea to alter fork lift truck operators' shift patterns and that there would approval from senior Rolls-Royce East Kilbride management to do so
JACUSTOMER-h1mtanfk- : * that you then instigated a conversation with the forklift truck supervisors regarding the fact that their shifts would be changing
JACUSTOMER-h1mtanfk- : * that you behaved in an inappropriate manner towards a female member of staff so that she felt extremely uncomfortable (in the shop floor area wher you were not permitted to be)
JACUSTOMER-h1mtanfk- : * that this behaviour has resulted in a complete and irreconcilable breakdown in the workplace relationship at East Kilbride between yourself and the rest of the CEVA team
JACUSTOMER-h1mtanfk- : and
JACUSTOMER-h1mtanfk- : * that due to the allegations made against you there now exists employment incompatibility and your ongoing employment with the Company is untenable
JACUSTOMER-h1mtanfk- : these allegations are extremely serious and such behaviour could constitute Gross Misconduct, resulting in disciplinary action up to and including dismissal.
JACUSTOMER-h1mtanfk- : the above allegations will be investigated and you will be contacted once those investigations are complete, at which time you may be required to attend a formal disciplinary hearing.
JACUSTOMER-h1mtanfk- : whilest on suspension you should remain contactable at home during your normal working hours, and you may be called in during this time. Please be aware that you must not enter any Rolls-Royce or CEVA Logistics premises without permission of a senior CEVA Manager. During the phone call I also asked you to return your Rolls-Royce Contractor ID badge to East Kilbride's security gate house.
JACUSTOMER-h1mtanfk- : you are reminded that your suspension is not in itself a disciplinary measure.
JACUSTOMER-h1mtanfk- : yours sincerely
JACUSTOMER-h1mtanfk- : Andrew Raybould
JACUSTOMER-h1mtanfk- : contract Manager Non-Aftermarket Services
JACUSTOMER-h1mtanfk- : I hope all of the above makes sense, didn't realise every time I pushed "returned" I was sending you each paragraph. Please advise what your thoughts are and where I stand legally and what steps I need to be taking, many thanks Mike.
taratill and other Employment Law Specialists are ready to help you
Hello Mike, is there any merit to these allegations?
Customer: replied 3 years ago.
thanks for the quick response, 1. not got any instructions not to visit shop floor in writing and cannot visit CEVA office without entering the shop floor. 2. was advised verbally not to get into any discussion regards ***** ***** East Kilbride with the fork lift operators and on the date that I think they are indicating, 29th August I was instructed by the Account Director for the contract for the Rolls-Royce account, to go on site to look at some work and I did not speak to any of the operators on the shop floor. 3. I did not discuss with any forklift supervisor about shift changes. I did advise the CEVA Supervisor, which I believe is the Controller for the site that a suggestion was to look at the Forklift drivers shifts to support the business. 4. I did not behave in an inappropriate manner to any female staff. Any further details needed?
Have they actually investigated any of this with you or have you just been invited to a disciplinary hearing?
Customer: replied 3 years ago.

this is the first letter and I they will be investigating at present. I have not been invited to any investigating interview at present, but feel with the 7th bullet point "That due to the allegations made against you there are now exists employment incompatibility and your ongoing employment with the company is untenable" which I feel they have made their decision and I they will be dismissing me. what are your thoughts and do you feel about this being constructive?

Hi unfortuantely I do not think that this is enough to entitle you to resign and claim constructive dismissal. I think that it is a bad choice of wording but it does not state that a decision has been made just that they are investigating these allegation and if found proven it will amount to gross misconduct and you may be dismissed as a result.
At this stage if you were to resign and claim it would fail. Depending on the level of investigation/ evidence you may be able to claim unfair dismissal if you are terminated. But it is difficult to say if this is the case at this stage
If you would like to know anything further about this please do ask.