Craigyh74 Posted July 14, 2015 Share Posted July 14, 2015 Been suspended on full pay "pending further investigation" I've basically just been sacked, right? :-( Not necessarily, my wife was suspended on full pay 'pending further investigation' relating to a comment she put on facebook about having to look for another job, after it was announced her company was being put up for sale. Her firm would not have known anything about the comment if it wasn't for a busy body she worked with that was friend on FB printing it off and bringing it in. In the end she had a slap on the wrist and the busy body's wife left him 1 Link to comment Share on other sites More sharing options...
Meath_Villan Posted July 14, 2015 Share Posted July 14, 2015 Stweie what ever happens don't quit don't hand in the notice and cooperate as much as possible, I would go as far as to send an email with a loose apply to hr saying upon reflection you are sorry if someone took offence to your personal opinions ...that way if it ever comes to a Labour court you can say you did your best to resolve what in your opinion was a non issue Link to comment Share on other sites More sharing options...
Dr_Pangloss Posted July 14, 2015 Share Posted July 14, 2015 Been suspended on full pay "pending further investigation" I've basically just been sacked, right? :-( Not necessarily, however if an 'informal chat' has ended up in this then it appears you've been stitched up. Suspensions really should be occurring after a more 'formal' process. Did you bring in a witness to this chat or have union representation (assuming you have a union)? Link to comment Share on other sites More sharing options...
Stevo985 Posted July 14, 2015 VT Supporter Share Posted July 14, 2015 Yeah, aren't you supposed to get a verbal warning and then a written warning before a suspension? Unless they're classing a social media comment as gross misconduct? I think you'd be best off seeking legal advice if it ends up with you getting sacked. Citizens Advice might be a good place to start? Link to comment Share on other sites More sharing options...
El Zen Posted July 14, 2015 Share Posted July 14, 2015 That doesn't sound right at all. I wouldn't necessarily jump ti conclusions about your future but I'd seek legal advice asap. Are you part of a union? Link to comment Share on other sites More sharing options...
Popular Post The_Rev Posted July 14, 2015 Popular Post Share Posted July 14, 2015 Unions are evil. Anyone who tried to catch a tube last week can tell you that. 7 Link to comment Share on other sites More sharing options...
Dr_Pangloss Posted July 14, 2015 Share Posted July 14, 2015 (edited) That doesn't sound right at all. I wouldn't necessarily jump ti conclusions about your future but I'd seek legal advice asap. Are you part of a union? I'd tend to agree with this. I mean, how bad could those comments have been? If they were that bad then why would you be requested for an 'informal chat' rather than be put through an immediate 'formal' process? Without knowing the exact content of the comments, can't your work be a bit more grown up about it? You were basically blowing off some steam on a private social media account, this happens when people get angry and upset and are in a particular frame of mind. In retrospect, you should be given the chance to apologise to the company and the person/people you directed the comments at and kiss and make up. The embarrassment of this alone is probably sufficient punishment. Edited July 14, 2015 by Dr_Pangloss Link to comment Share on other sites More sharing options...
StewieGriffin Posted July 14, 2015 Author Share Posted July 14, 2015 The comments in fairness were pretty horrendous - completely indefensible, so i assume they'll go down the gross misconduct route. I have a great working relationship with people at work, which i stressed, and my manager does know that. Im still hoping i'll get away with a disciplinary, but Im not hopeful - probably as Im on a downer. Wouldn't have a clue where to start with any potential legal ramifications as im clueless about life in general, and I couldn't afford any legal advice regardless. Can't afford it even with a job, so when I'm unemployed i'll have no chance of affording it. Link to comment Share on other sites More sharing options...
Stevo985 Posted July 14, 2015 VT Supporter Share Posted July 14, 2015 The comments in fairness were pretty horrendous - completely indefensible, so i assume they'll go down the gross misconduct route. I have a great working relationship with people at work, which i stressed, and my manager does know that. Im still hoping i'll get away with a disciplinary, but Im not hopeful - probably as Im on a downer. Wouldn't have a clue where to start with any potential legal ramifications as im clueless about life in general, and I couldn't afford any legal advice regardless. Can't afford it even with a job, so when I'm unemployed i'll have no chance of affording it. Citizens Advice is free. Try starting here Link to comment Share on other sites More sharing options...
Eames Posted July 14, 2015 Share Posted July 14, 2015 (edited) The comments in fairness were pretty horrendous - completely indefensible, so i assume they'll go down the gross misconduct route. I have a great working relationship with people at work, which i stressed, and my manager does know that. Im still hoping i'll get away with a disciplinary, but Im not hopeful - probably as Im on a downer. Wouldn't have a clue where to start with any potential legal ramifications as im clueless about life in general, and I couldn't afford any legal advice regardless. Can't afford it even with a job, so when I'm unemployed i'll have no chance of affording it. Without asking you to post it - what you said is very relevant here - especially if the company name was mentioned in the post or is listed as your place of work on your profile. A grovelly unreserved letter of apology would be a good start, especially as you appear to admit full responsibility - but if they decide you have bought the firms name into disrepute then yes.....I'm pretty confident they'd have a case for gross misconduct. As for legal advice - make an appointment at your local CAB and talk to them - IIRC the rules on employment tribunals have changed and you have to pay a fee to lodge a complaint - but its £100 or so? The CAB could advise you on that as well. Its also entirely possible that your employer will chuck a written warning your way and is using the suspension as a way of scaring you into behaving in future. Also for future reference - FB for friends and family. Anonymous twitter profile for calling people gobshites and trolling. The safest way to interact with Social Networking is to think "Would I stand on a street corner with a megaphone saying this?" If you wouldn't - its probably a good idea not to post it. Especially if its "minion quotes". Edited July 14, 2015 by Eames 2 Link to comment Share on other sites More sharing options...
Enda Posted July 14, 2015 Share Posted July 14, 2015 See if you can get in touch with a union. Do you work in the retail end of things? HR departments must follow fair procedures. If you're brought in for something "informal" that ends up in suspension, then they're on dodgy ground straight away. This is a good thing for you. Talk to Citizens Advice and also see if you can talk to a relevant union, e.g. Unite. And most importantly, don't take all this personally. Shit happens. Regardless of how this ends up, we all make mistakes and go through ups and down. You're no different a man than you were last month, and you'll be no different next month. Chin up. 1 Link to comment Share on other sites More sharing options...
Dr_Pangloss Posted July 14, 2015 Share Posted July 14, 2015 (edited) The comments in fairness were pretty horrendous - completely indefensible, so i assume they'll go down the gross misconduct route. I have a great working relationship with people at work, which i stressed, and my manager does know that. Im still hoping i'll get away with a disciplinary, but Im not hopeful - probably as Im on a downer. Wouldn't have a clue where to start with any potential legal ramifications as im clueless about life in general, and I couldn't afford any legal advice regardless. Can't afford it even with a job, so when I'm unemployed i'll have no chance of affording it. You didn't name names but did you name the company? Do you have your company listed on your Facebook profile? I think when seeking legal advice these are important things to think about. If you didn't name names, name the company, or indicate on your profile who you work for then I'm not sure it could count as bringing the company's name into disrepute (or maybe it does, but perhaps it's less clear this way). Edited July 14, 2015 by Dr_Pangloss Link to comment Share on other sites More sharing options...
Eames Posted July 14, 2015 Share Posted July 14, 2015 Disagree with the notion that an "informal" meeting can lead to suspension. Of course it can. The process only becomes formal when it is agreed that there is a need for further investigation - hence the suspension. Stewie should have been entitled to have a friend or colleague present for support, but the process seems fine. Most employers lose tribunals not on failure to follow the law - but failure to follow their own proceedures. Stewie - when you go to the CAB you might want to take a copy of your employers disciplinary policy with you. If they haven't provided one they should supply one on request. Link to comment Share on other sites More sharing options...
The_Rev Posted July 14, 2015 Share Posted July 14, 2015 My policy is never to put anything out there I wouldn't want my mum to read. It's worked so far. 3 Link to comment Share on other sites More sharing options...
hippo Posted July 14, 2015 Share Posted July 14, 2015 (edited) Employment Law in brittian is very weak, despite what you read in the press. I know from bitter experience what happens - basically its this:- They can dismiss you for whatever reason they like Its then up to you to go to an industrial tribunal to claim unfair dismissal (easier said than done!) If you go to an industrial tribunal and win - you could get hefty compensation. In my case I blagged it, I said I was going to claim unfair dismissal and fancied my chances of winning , they compromised at a payout a lot less than victory at industrial tribunal - but I already had the offer of another job, so I took the offer. Do some research on compromise agreement. Edited July 14, 2015 by hippo Link to comment Share on other sites More sharing options...
Meath_Villan Posted July 14, 2015 Share Posted July 14, 2015 (edited) Employment Law in brittian is very weak, despite what you read in the press. I know from bitter experience what happens - basically its this:-They can dismiss you for whatever reason they likeIts then up to you to go to an industrial tribunal to claim unfair dismissal (easier said than done!)If you go to an industrial tribunal and win - you could get hefty compensation. In my case I blagged it, I said I was going to claim unfair dismissal and fancied my chances of winning , they compromised at a payout a lot less than victory at industrial tribunal - but I already had the offer of another job, so I took the offer. Do some research on compromise agreement. In a tribunal it's like a court room the party is innocent till guilty say...the employer would have to prove that there was no other option than sacking the employee ....on a social media tweet I'm fairly sure they would lose the case ..sounds like the he dept of where you work haven't a clue what they are doing ....stick to been pro active ..offer the email that it was a mistake and your willing to move on asap Edited July 14, 2015 by Meath_Villan Link to comment Share on other sites More sharing options...
StewieGriffin Posted July 14, 2015 Author Share Posted July 14, 2015 "further to our informal investigation meeting held at *company/store* on Tuesday 14th July, I would like to take a further opportunity to express my deepest regret at my actions which lead to this meeting being required. I in no way intended to cause or suggest any malice or distress towards any member of staff, nor did I ever intend to damage the image or reputation of *company* (neither my specific place of work or the company as a whole), and my actions have only succeeded in causing a huge amount of embarrassment, regret and sorrow to myself. I apologise unreservedly for my actions, and I am fully committed to hopefully resolving this issue and continuing with my employment in my current role that I am incredibly passionate about, and am willing to undertake any action deemed necessary to do so - as explained to yourself at the meeting, I had already deactivated my social media account prior to my knowledge of any investigation, and in light of being made aware of the investigation I have made it imintoible for me to re-access my account. I very much hope that my previous good nature and good character over my approximate 7 year employment are taken into account and consideration. Kindest regards *name*" About to post this into store FAO my manager. Link to comment Share on other sites More sharing options...
BOF Posted July 14, 2015 Moderator Share Posted July 14, 2015 Proof read - Imintoible ? Link to comment Share on other sites More sharing options...
Jimzk5 Posted July 14, 2015 Share Posted July 14, 2015 Link to comment Share on other sites More sharing options...
Eames Posted July 14, 2015 Share Posted July 14, 2015 "further to our informal investigation meeting held at *company/store* on Tuesday 14th July, I would like to take a further opportunity to express my deepest regret at my actions which lead to this meeting being required. I in no way intended to cause or suggest any malice or distress towards any member of staff, nor did I ever intend to damage the image or reputation of *company* (neither my specific place of work or the company as a whole), and my actions have only succeeded in causing a huge amount of embarrassment, regret and sorrow to myself. I apologise unreservedly for my actions, and I am fully committed to hopefully resolving this issue and continuing with my employment in my current role that I am incredibly passionate about, and am willing to undertake any action deemed necessary to do so - as explained to yourself at the meeting, %I had already deactivated my social media account prior to my knowledge of any investigation, and in light of being made aware of the investigation I have made it imintoible for me to re-access my account.% I very much hope that my previous good nature and good character over my approximate 7 year employment are taken into account and consideration. Kindest regards *name*" About to post this into store FAO my manager. Take out "to myself" at the end of the first paragraph. I'd also edit some of the details about your social media account. Delete everything between the % signs. Apart from that it's good. Link to comment Share on other sites More sharing options...
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