Mrs NW Suspended on full pay!!
Discussion
Breadvan72 said:
I have sent you an email.
Where are you located? I will recommend a solicitor near you, and if the situation becomes barristery. I would suggest that the solicitor use pretty much any of the junior juniors (ie from one to ten years experience) at Blackstone Chambers, all of whom are fabulous, but some of whom do more employment work than others.
Thanks very much BV, located Berkshire.Where are you located? I will recommend a solicitor near you, and if the situation becomes barristery. I would suggest that the solicitor use pretty much any of the junior juniors (ie from one to ten years experience) at Blackstone Chambers, all of whom are fabulous, but some of whom do more employment work than others.
Also, union rep is very much on the case (and on the ball).
Breadvan72 said:
Stay with him/her at present. If you need to lawyer up, I would suggest David Ludlow at Barlow Robbins in Woking, or Arj Arul at M Law in Newbury.
I really do appreciate that, dealing with a near hysterical (in a she wants to go and throttle someone fashion!) partner from a distance is incredibly frustrating........So, in response to the e-Mail (which required attendace at an investigatory meeting at 3pm today)
Dear HR Director
I opened and read the content of your email dated 13th May at 7.30pm yesterday.
I have not received the suspension letter dated 10th May, either by normal or recorded delivery post. This is possibly because it is incorrectly addressed.
I do not, therefore, consider that you have given me reasonable notice of the meeting this afternoon. Nor do I consider it reasonable that you expect me to attend a meeting outside of my normal working hours. As you know, my finish time is 3pm.
Whilst I am more than willing to attend an investigatory meeting to defend myself against these spurious charges, I require sufficient notice and for it to be convened within my normal working hours. I also wish to be accompanied by my trade union representative. Can you please provide me with a copy of the investigation and disciplinary policies that apply so that I can understand what rights I have regarding representation?
I note that you state that my suspension is precautionary and is not intended to be an assumption of guilt. However, you go on to state that once the investigation is complete I will be called to a formal disciplinary meeting. This smacks to me of pre-judgement and I would welcome your comments on why you already consider I will be invited to a disciplinary meeting when I have not yet had a chance to put my version of events forward?
I would also question your decision to withhold my pay – on what policy or employment legislation are you relying? Please send me a copy.
As I have said, I will fully co-operate with the due process but I expect you to treat me fairly and with dignity along the way.
Yours sincerely
Dear HR Director
I opened and read the content of your email dated 13th May at 7.30pm yesterday.
I have not received the suspension letter dated 10th May, either by normal or recorded delivery post. This is possibly because it is incorrectly addressed.
I do not, therefore, consider that you have given me reasonable notice of the meeting this afternoon. Nor do I consider it reasonable that you expect me to attend a meeting outside of my normal working hours. As you know, my finish time is 3pm.
Whilst I am more than willing to attend an investigatory meeting to defend myself against these spurious charges, I require sufficient notice and for it to be convened within my normal working hours. I also wish to be accompanied by my trade union representative. Can you please provide me with a copy of the investigation and disciplinary policies that apply so that I can understand what rights I have regarding representation?
I note that you state that my suspension is precautionary and is not intended to be an assumption of guilt. However, you go on to state that once the investigation is complete I will be called to a formal disciplinary meeting. This smacks to me of pre-judgement and I would welcome your comments on why you already consider I will be invited to a disciplinary meeting when I have not yet had a chance to put my version of events forward?
I would also question your decision to withhold my pay – on what policy or employment legislation are you relying? Please send me a copy.
As I have said, I will fully co-operate with the due process but I expect you to treat me fairly and with dignity along the way.
Yours sincerely
Mr NW
My wife is a music teacher and worked through an agency. whenever one of the kids had a bad day, one of them would complain about her and without any reason she would be told never to go to that school again.
The stress was unbeleavable and was affecting our marriage. in the end she quit (with my full support)
Since then one of the schools she worked at has hired her directly and is now doing VERY well (showing the agency how its done!!) and her private students have picked up and she is earning much more.
My sister had a similar situation where 2 of the staff that had a grudge both complained about her and she was forced out.
She now has a much more relaxed job, without the commute and earns more than she ever did before!
I know this isnt much of a concilation, but I do want you to know that you are not alone. And that these things normally turn out for the best.
Karma also exists... the agency has experienced huge financial difficulties and huge problems recruiting.
Good luck with the meeting.
Peter
My wife is a music teacher and worked through an agency. whenever one of the kids had a bad day, one of them would complain about her and without any reason she would be told never to go to that school again.
The stress was unbeleavable and was affecting our marriage. in the end she quit (with my full support)
Since then one of the schools she worked at has hired her directly and is now doing VERY well (showing the agency how its done!!) and her private students have picked up and she is earning much more.
My sister had a similar situation where 2 of the staff that had a grudge both complained about her and she was forced out.
She now has a much more relaxed job, without the commute and earns more than she ever did before!
I know this isnt much of a concilation, but I do want you to know that you are not alone. And that these things normally turn out for the best.
Karma also exists... the agency has experienced huge financial difficulties and huge problems recruiting.
Good luck with the meeting.
Peter
pedromorgan said:
i am sure you have already been told this...... but do NOT accept any guilt whatsoever.
even if she did what ever it was. it sevearly limits your legal avenues.
Peter
Ignore the second line of this. Sensible legal avenues do not involve fibbing about what you did or did not do. Experienced actual real world lawyer's rule one: stick to the truth. even if she did what ever it was. it sevearly limits your legal avenues.
Peter
hora said:
Would it be wise now for this topic/other related ones to be deleted for now? You haven't said anything out of order/derogative etc but could the school find a way/say you discussed internal matters on a public site?
Thanks for the pointer - Actually, the letter from the HR Director only specifically excluded speaking to any of their employees without prior permission.Breadvan72 said:
pedromorgan said:
i am sure you have already been told this...... but do NOT accept any guilt whatsoever.
even if she did what ever it was. it sevearly limits your legal avenues.
Peter
Ignore the second line of this. Sensible legal avenues do not involve fibbing about what you did or did not do. Experienced actual real world lawyer's rule one: stick to the truth. even if she did what ever it was. it sevearly limits your legal avenues.
Peter
pedromorgan said:
Sorry BV
Respectfully, That has not been my experience in employment matters. The result of this has already been decided. she is going to be dismissed.
Accepting any guilt will only reduce her options after that.
Peter
[
I will base my opinions on 27 years of doing employment law cases, thanks. The point I was challenging was the apparent suggestion that not being frank is the right approach, and the apparent suggestion that legal stratagems can be worked on the basis of an untrue position. Some people play it that way, but I don't, and I don't recommend it to anyone. Respectfully, That has not been my experience in employment matters. The result of this has already been decided. she is going to be dismissed.
Accepting any guilt will only reduce her options after that.
Peter
[
Breadvan72 said:
Ignore the second line of this. Sensible legal avenues do not involve fibbing about what you did or did not do. Experienced actual real world lawyer's rule one: stick to the truth.
As above. DO NOT LIE. Lying during any investigation could be enough to dismiss even if what you didn't do what you were accused of.In this case however it appears beyond doubt that she could not possibly have done what she is accused of as she was not present.
hora said:
Would it be wise now for this topic/other related ones to be deleted for now? You haven't said anything out of order/derogative etc but could the school find a way/say you discussed internal matters on a public site?
Totally agree, and while deleting is a bit permanent, could they be hidden and resurected later?OP, I would certainly refrain from posting about this now, you have BV's email and advice and I'm quite sure that anything you put in the public eye and can be found/traced back to you, could be used against you.
Good luck.
Can't help much in this particular matter, but someone I know recently had to go through disciplinary hearing based on something 11 months ago. It seemed to be mere formality and everything worked out fine for them, but it was difficult for them to go through.
I can just offer my encouragement to you and your partner, to keep your heads up and remain calm, as others have said. I can't see how this can go any other way, than being found entirely innocent and of course, you should seek to get the pay back for the time off in full.
Then get another job.
I can just offer my encouragement to you and your partner, to keep your heads up and remain calm, as others have said. I can't see how this can go any other way, than being found entirely innocent and of course, you should seek to get the pay back for the time off in full.
Then get another job.
All, thanks very much for your help and support. Mrs NW has calmed considerably and feels somewhat humbled.
BV especially, Mrs NW called David Ludlow and he was most helpful and should it be necessary we will definitely avail ourselves of his services.
I will fly back to the UK tomorrow afternoon for a long weekend and try to complete the job of setting Mrs NW back on an even keel.
I will keep this thread updated with salient progress
NW
BV especially, Mrs NW called David Ludlow and he was most helpful and should it be necessary we will definitely avail ourselves of his services.
I will fly back to the UK tomorrow afternoon for a long weekend and try to complete the job of setting Mrs NW back on an even keel.
I will keep this thread updated with salient progress
NW
I have nothing to add to ths thread other that to give the OP and his wife my best wishes.
Please forgive this question as I don't want to take this off topic.
If one is accused of theft, should the police not be called? A police investigation would surely find the OPs wife has no case to answer. Would that not make it very difficult for an employer to dismiss someone if the police say there s no case? It is alleged a crime took place. I can understand why an employer would not want police involvement, can the OPs wife not report the alleged crime to police. And if, as is suspected here there is some campaign to get the OPs wife, would anyone found to be involved in this by for example falsifying evidence not be looking at a perverting the course of justice charge?
Please forgive this question as I don't want to take this off topic.
If one is accused of theft, should the police not be called? A police investigation would surely find the OPs wife has no case to answer. Would that not make it very difficult for an employer to dismiss someone if the police say there s no case? It is alleged a crime took place. I can understand why an employer would not want police involvement, can the OPs wife not report the alleged crime to police. And if, as is suspected here there is some campaign to get the OPs wife, would anyone found to be involved in this by for example falsifying evidence not be looking at a perverting the course of justice charge?
BGarside said:
However, a full-pay suspension is the best possible situation from which to search for another job, so maybe the best use of her time and energy right now is to do just that, rather than getting too distracted by the legal implications of dismissal.
I don't agree with that at all. I don't have any legal experience but I do sometimes hire staff. If anyone applying was on a suspension for suspicion of theft their cv would be going straight in the bin...Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff