Suspended From Work

[anonymous-user]

Hi all.

Looking for some advice please, as I have no idea what my rights are and am quite shook up at the moment.

Without giving the minute details, I have made a mistake at work whilst working for a client. The result is that the client has made a complaint and I have been suspended pending a disciplinary proceeding for gross misconduct. I am told I will be written to in due course and informed when the hearing will be.

I have many question, so apologies in advance:

1) Am I to be given a set amount of notice that my hearing will take place? Or can I receive a letter tomorrow telling me its Thursday at 9am?
2) Am I allowed to bring a colleague into the hearing with me (I am not part of a union)
3) The piece of software I was using (and which I made the mistake on) is not part of my day to day job, and I have received no training on its use. The 2 people who would have usually done the job are out of the office, and as the company is so small, we all have to fill in every now and then. In my 2years 7months at the company I have used the software less than 10 times.
4) I am a generally liked employee (I assume) and perform well for the company. I often take on tasks which are "not my job" without question, and am often putting myself out by working late/weekends unpaid. Will any of this count in my favour?

I'm sure I will have more questions - is there a definitive website I can ready which gives actual legal facts? I am unsure if ACAS is a "suggested" or legal guideline?

Thanks in advance.

[Marcellus]

Nyphur said:

1) Am I to be given a set amount of notice that my hearing will take place? Or can I receive a letter tomorrow telling me its Thursday at 9am?

The notice given has to be "reasonable"... if you think it's not ask for an alternative appointment which is reasonable

Nyphur said:

2) Am I allowed to bring a colleague into the hearing with me (I am not part of a union)

Details should be included in the letter but yes.

Nyphur said:

3) The piece of software I was using (and which I made the mistake on) is not part of my day to day job, and I have received no training on its use. The 2 people who would have usually done the job are out of the office, and as the company is so small, we all have to fill in every now and then. In my 2years 7months at the company I have used the software less than 10 times.
4) I am a generally liked employee (I assume) and perform well for the company. I often take on tasks which are "not my job" without question, and am often putting myself out by working late/weekends unpaid. Will any of this count in my favour?

All of which you should bring up as any "defence" during the interview.
I'm sure I will have more questions - is there a definitive website I can ready which gives actual legal facts? I am unsure if ACAS is a "suggested" or legal guideline?

Thanks in advance.

[Limey 666]

You can take someone in with you and if you are not trained to use something do not use it and if you where instructed to do so your superviser is for the high jump as he is responsible to ensure he asks the right questions as well so pass the buck as they say.

[Herbie58]

I wouldn't worry too much. Your employer has to be seen to be taking action by the client and this is probably the procedure laid out in your employee handbook.

If everything you say is true you will probably recieve a written or verbal warning but I doubt you'll be sacked. Unless you have been seriously underperforming or made other mistakes of course.

[scirocco265]

swerni said:

Herbie58 said:

I wouldn't worry too much. Your employer has to be seen to be taking action by the client and this is probably the procedure laid out in your employee handbook.

If everything you say is true you will probably recieve a written or verbal warning but I doubt you'll be sacked. Unless you have been seriously underperforming or made other mistakes of course.

Don't agree.
You don't get a warning for gross misconduct. If they go this route with no real grounds it will cost them lots of cash. Sounds to me ( on the limited info and if it's correct) someone higher up is covering there arse or hasn't thought about the implication of what they are doing.

Would be inclined to agree with Herbie58. The disciplinary is investigating a gross misconduct matter, which it hasn't yet been proven to be. IMHO, client has complained, employer has st themselves and needs to be seen to be taking action, you'll probably end up with a Final Written Warning/Written Warning as a 'very naughty, be more careful next time'. If this isn't the case, seems you have a good defence if things get ugly.

Remember, don't get emotion or argumentative, don't talk yourself into a hole, answers the questions succintly, and always be reasonable.

[williamp]

scirocco265 said:

swerni said:

Herbie58 said:

Remember, don't get emotion or argumentative, don't talk yourself into a hole, answers the questions succintly, and always be reasonable.

Great advice there.

Write everything down- with times, dates as well. Start at the very beginning. You have access to your personal file at work- all compleated training should be noted there. Detail what training you have been given, and the fact that you never recieved any trainign (formal or informal) on this software. Also nte times and dates (and clients) when you successfully used the software without training. Not the word successful- this is so you can show that you are a willing member of the team, pro-compnay etc etc, and it was a genuine mistake due to a lack of training, NOT neglegence.

Again, write everything down. Never agree to anything verbally, but always ask for it in writing (your suspesnion letter and invite to meting to discuss should, legally be written down anyhow)

Take a useful person in with you. Not your Mum or a mate, but someone who genuinly knows what they are doing. They wont be allowed to speak as such, but they can make sure correct procedure is followed.

Did I mention about writing everything down? Even a diary of events is usefuil (I started working on x, and when colleague a and b were ill, I was asked to use this software which I had no training on....). And dont forget to write everything down.

Oh, and write everything down. Now. Stop reading this. Go get a pen.

[Marcellus]

Totally agree with the writing everything down.

You write the transcript of the meeting... if that means you ask the "interviewer" to stop mid flow in a sentance so that you can "ensure you accurately record their point" then do so!

Particularly if the point he is making is complex and not looking good for you

I had this done to me once at an interview and at the end I realised that I had forgotten to disclose half the "evidence" I had.... I never made that mistake a 2nd time.

By controlling the transcript you effectively control the meeting whereas the employer usually does!!

[anonymous-user]

Thanks for the advice everyone. I had an "investigatory meeting" yesterday, and have a disciplinary hearing tomorow.

[Slinky]

Nyphur said:

Thanks for the advice everyone. I had an "investigatory meeting" yesterday, and have a disciplinary hearing tomorow.

Bear in mind that the hearing is just that, a hearing, you should have every opportunity to make your case and bring to light any "evidence" that you feel you may have.. Also, all "evidence" that your employers have should be made available prior to the hearing as well..

(wasn't suspended, but went through much the same process very recently)

[anonymous-user]

Slinky said:

Nyphur said:

Thanks for the advice everyone. I had an "investigatory meeting" yesterday, and have a disciplinary hearing tomorow.

Bear in mind that the hearing is just that, a hearing, you should have every opportunity to make your case and bring to light any "evidence" that you feel you may have.. Also, all "evidence" that your employers have should be made available prior to the hearing as well..

(wasn't suspended, but went through much the same process very recently)

Just making a bullet point list of factors that I wish to bring up.
A VERY similar situation occurred with another employee just over a year ago with a similar size client (the reason for complaint is identical). Is it poor form to bring this up? I feel it is essential, as no formal action was taken against this employee.

Thanks

[Slinky]

Nyphur said:

Slinky said:

Nyphur said:

Thanks for the advice everyone. I had an "investigatory meeting" yesterday, and have a disciplinary hearing tomorow.

Bear in mind that the hearing is just that, a hearing, you should have every opportunity to make your case and bring to light any "evidence" that you feel you may have.. Also, all "evidence" that your employers have should be made available prior to the hearing as well..

(wasn't suspended, but went through much the same process very recently)

Just making a bullet point list of factors that I wish to bring up.
A VERY similar situation occurred with another employee just over a year ago with a similar size client (the reason for complaint is identical). Is it poor form to bring this up? I feel it is essential, as no formal action was taken against this employee.

Thanks

Consistency of approach is certainly something that should be considered, however, I would hold that in the bank initially.. Remember, you should have a right to appeal if a decision is made against you, at which point it may serve in your favour to bring up the previous incident..

Try to keep some of your information in reserve if possible, as my mother would say, "keep your powder dry".. Also, keep it as factual and non-emotional as possible.

[Deva Link]

Nyphur said:

A VERY similar situation occurred with another employee just over a year ago with a similar size client (the reason for complaint is identical). Is it poor form to bring this up? I feel it is essential, as no formal action was taken against this employee.

Where no steps taken by the company to prevent the same thing from happening again?

[anonymous-user]

Deva Link said:

Nyphur said:

A VERY similar situation occurred with another employee just over a year ago with a similar size client (the reason for complaint is identical). Is it poor form to bring this up? I feel it is essential, as no formal action was taken against this employee.

Where no steps taken by the company to prevent the same thing from happening again?

No - but it is very difficult for anything to be done (once you know the circumstances) - so I cannot use that as part of any defence. Thanks though.

[anonymous-user]

Thanks for all the advice. Setting off now, wish me luck.

[Brabus Jord]

i hope all goes well

[T_Pot]

I hope you get the result you want

[scirocco265]

Nyphur said:

Thanks for all the advice. Setting off now, wish me luck.

How did it go?

[anonymous-user]

I brought something up in the meeting which they had not previously considered. Meeting was adjourned until tomorow at 10am.

[phil-sti]

was there not an investigation before hand?

[Slinky]

Nyphur said:

I brought something up in the meeting which they had not previously considered. Meeting was adjourned until tomorow at 10am.

Good, they're taking it seriously.. Stay calm, as long as you've not been wilfully neglectful in your duties, you should have no case to answer..