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Joy Nicholas
Joy Nicholas, Laywer
Category: Employment Law
Satisfied Customers: 1137
Experience:  Lawyer
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I have been suspended from work pending an investigation and

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Good morning. I have been suspended from work pending an investigation and today is the disciplinary hearing at 11am. I am a nursery manager. I approved an outing request where 3 team members took 7 toddlers for a local walk to the park. The company policy states the ratio is 1:2 so they were one over but I assessed the risk (not documented) and agreed to let them go - I had done this on 14 separate occassions, without incident. On March 6th 1 of the children got out of the play park and to the road, a member of the public saw him, got out of his car, stopped him and returned him to the team. We then followed company procedure which led to the investigation. They were suspended that day on full pay. Them on Monday 9th it was decided that I would be suspended for breaching policy. I was interviewed on 12th and invited the to disciplinary 48 hours ahead of today’s appointment- company policy. Looking through the investigation documents, it doesn’t look good for me. I feel they are preparing to dismiss me. I have been suffering from anxiety, stress and depression these past 2 weeks and am very worried about today. Can you advise at all? Many thanks, Mandy
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: I had daily calls from my line manager to begin with to check my ‘well being’ but asked them to stop as each time it upset or frustrated as they just felt insincere and as if they were simply ticking a box. I am not allowed to contact anyone at work during this process and only found out about this service yesterday. I joined a union but was told they can’t help existing cases.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: An employee and as I said, I contacted and joined Unison when this started but they said they can’t help me as it was an existing case when I joined
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have to have a DBS obviously to work with children and have been app Applying for other jobs to prepare for the worst and fear this may affect the DBS and any future jobs?
Hi, thank you for your message. I am sorry to hear about your situation. Can I confirm are you bringing someone to the meeting?
Customer: replied 5 days ago.
Yes a colleague. I asked Unison but they couldn’t get involved in an existing case
Customer: replied 5 days ago.
I need to shower and get ready to leave in an hiur
Customer: replied 5 days ago.
Ok happy to chat here - without paying the £44?
Customer: replied 5 days ago.
My main concern is - if I am dismissed can this affect my DBS and future employment?
Ok. You need to make sure your colleague helps you take good notes and can be a witness to all that was discussed. In terms of the incident you mentioned you have followed this procedure before. You need to look into the work handbook or policies setting out the procedures and what it says about disciplinary actions that can be taken against you. You should also look into whether your workplace is following correct procedures in dealing with the matter. You can also check that they are following the ACAS code of practice here http://www.acas.org.uk/index.aspx?articleid=2174 if they are not this needs to be pointed out to them. I would also advise that you contact the ACAS helpline. The ACAS Helpline can give advice on internal processes and policies to help you through this (0300 123 1100). I hope this helps if you can please accept my answer there will be a box to do so and give me a five star rating for answering your question today top right corner of your screen and just answer will then credit me for helping you today.
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Customer: replied 5 days ago.
Thanks. The company has followed their own disciplinary process but I will check with ACAS. Not sure how to access the disciplinary actions. I will ensure my companion takes notes. Can you please confirm that as no phone call took place I will not be charged £44? Thanks