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URGENT: Suspended, potentially losing my job and right to appeal?

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  • #1

    URGENT: Suspended, potentially losing my job and right to appeal?

    Hey,

    Pretty rubbish start to the year.

    Was in hospital last week, me and the missus have split and potentially losing my job.

    Great!

    Basically work have pulled me up on sending emails to my mate in work and various different companies outside of work using my in work email address. (They've had to go looking for this, they've not just seen it)

    They caught me on facebook. I downloaded Firefox because I feel more comfortable using it as thats what I used at home, and they've said I've downloaded unauthorised software to circumvent security, I haven't at all.

    They've called it time theft because I was being paid whilst on facebook and sending emails. I've been back since monday and they've only just taken me into a meeting for an investigation, and then suspended me on full pay.

    I've worked there since January 21st 2014. I was agency until May and then became a permanent member of staff.

    My issue is that everyone else in the office has sent emails about each other, slagging people off etc, I've been caught and now being hung. I feel it's unfair and constructive dismissal, and I wanna know my rights.

    My suspicion is that they will summarily dismiss me on monday, if I appeal am I entitled to pay during that period?

    PLEASE HELP!!!

    -TM


    TibetanMonk
    On Debt Row

    AAD has so much to offer and wants so little back. Take advantage while you can.
    Tags: 1st, 2nd, acas, address, addresses, advice, agency, claim, companies, con, cons, contract, data, duration, employment, facebook, help, investigation, job, letter, misconduct, notes, pay, recall, resources, rules, security, software, split, staff, stamps, suspended, suspicion, theft, three days, tribunal, unfair, urgent, warning, warnings, weekend, work, working
  • #2
    Re: URGENT: Suspended, potentially losing my job and right to appeal?

    I'll ask Jane to help - she'll know mate - sit tight
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: URGENT: Suspended, potentially losing my job and right to appeal?

      Thanks Nids, going out of my mind here. All happened so quickly. I rang ACAS and they weren't helpful at all, tried getting a union but they require 4 weeks in advance payment, and then they dont help for the first 4 weeks. :/


      TibetanMonk
      On Debt Row

      AAD has so much to offer and wants so little back. Take advantage while you can.

      Comment

      • #4
        Re: URGENT: Suspended, potentially losing my job and right to appeal?

        This sounds like this was a disciplinary rather than an investigative meeting? - meaning they supplied evidence of what you had done?

        Did they alow you to be accompanied to this meeting?
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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        • #5
          Re: URGENT: Suspended, potentially losing my job and right to appeal?

          Yes, provided evidence and no I asked for a witness but they said no. Apparently I'm not entitled to it. I know I am for a disciplinary hearing but not for a investigation.


          TibetanMonk
          On Debt Row

          AAD has so much to offer and wants so little back. Take advantage while you can.

          Comment

          • #6
            Re: URGENT: Suspended, potentially losing my job and right to appeal?

            Originally posted by TibetanMonk View Post
            Yes, provided evidence and no I asked for a witness but they said no. Apparently I'm not entitled to it. I know I am for a disciplinary hearing but not for a investigation.
            he initial stage is an investigative meeting, then disciplinary. However, if they have supplied evidence of what you have alleged to have done, it has strayed into a disciplinary hearing. If they have refused you to be allowed to be accompanied, they could be on dodgy ground ...... not an expert, but been down the line ..... but also bits may have changed.

            They should have provided you with any evidence at least three days prior to your meeting.
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: URGENT: Suspended, potentially losing my job and right to appeal?

              I did think it was dodgy... But I thought they only had 48 hours to notify me of a disciplinary... Is it 48 working hours or 28 hours? Like is a weekend included.


              TibetanMonk
              On Debt Row

              AAD has so much to offer and wants so little back. Take advantage while you can.

              Comment

              • #8
                Re: URGENT: Suspended, potentially losing my job and right to appeal?

                Originally posted by TibetanMonk View Post
                I did think it was dodgy... But I thought they only had 48 hours to notify me of a disciplinary... Is it 48 working hours or 28 hours? Like is a weekend included.
                I was told the evidence had to be provided at LEAST 72 hours prior to the hearing, and cant recall if it has to be working days or not.
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #9
                  Re: URGENT: Suspended, potentially losing my job and right to appeal?

                  I thought companies had to go through a series of warnings first; verbal, 2nd verbal, written and so on. I suspect you need to have been working there for 2 years though before going down the constructive dismissal route. That's what I was told recently by my union.

                  Wait for Jane to post though...... she's brilliant!
                  Remember the mantra:
                  NEVER communicate by 'phone.
                  Send EVERYTHING by Recorded/Special Delivery
                  Keep a copy of EVERYTHING sent
                  Keep hold of EVERYTHING received
                  PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #10
                    Re: URGENT: Suspended, potentially losing my job and right to appeal?

                    Originally posted by oscar View Post
                    I was told the evidence had to be provided at LEAST 72 hours prior to the hearing, and cant recall if it has to be working days or not.
                    Oh... what do I do now then? If they haven't followed the disciplinary process isn't that automatically unfair dismissal ?

                    - - - Updated - - -

                    Originally posted by PriorityOne View Post
                    I thought companies had to go through a series of warnings first; verbal, 2nd verbal, written and so on. I suspect you need to have been working there for 2 years though before going down the constructive dismissal route. That's what I was told recently by my union.

                    Wait for Jane to post though...... she's brilliant!
                    Thanks P1, hope I get it sorted


                    TibetanMonk
                    On Debt Row

                    AAD has so much to offer and wants so little back. Take advantage while you can.

                    Comment

                    • #11
                      Re: URGENT: Suspended, potentially losing my job and right to appeal?

                      Originally posted by PriorityOne View Post
                      I thought companies had to go through a series of warnings first; verbal, 2nd verbal, written and so on. I suspect you need to have been working there for 2 years though before going down the constructive dismissal route. That's what I was told recently by my union.

                      Wait for Jane to post though...... she's brilliant!
                      Depends on what the "offence" is. You can be called into an investigative meeting and suspended without prior warning - usually applies in cases of Gross MIsconduct.

                      There are circumstances were the two year rule does not apply.
                      I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                      If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                      Comment

                      • #12
                        Re: URGENT: Suspended, potentially losing my job and right to appeal?

                        Originally posted by oscar View Post
                        Depends on what the "offence" is. You can be called into an investigative meeting and suspended without prior warning - usually applies in cases of Gross MIsconduct.

                        There are circumstances were the two year rule does not apply.
                        That must be what they're trying to do here by using the term "time theft" then.... making it bigger than it is. Seems a bit OTT for going on Facebook and emailing.
                        Remember the mantra:
                        NEVER communicate by 'phone.
                        Send EVERYTHING by Recorded/Special Delivery
                        Keep a copy of EVERYTHING sent
                        Keep hold of EVERYTHING received
                        PriorityOne & CPUTR 2008 (ex P1 CAG CPUTR 2008)

                        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                        Comment

                        • #13
                          Re: URGENT: Suspended, potentially losing my job and right to appeal?

                          Originally posted by PriorityOne View Post
                          That must be what they're trying to do here by using the term "time theft" then.... making it bigger than it is. Seems a bit OTT for going on Facebook and emailing.
                          If I could scan the letter I would, but I don't have a scanner.

                          They've also said about the downloading of Firefox, which stupidly I admitted to downloading. I should have said I didn't. They can't prove it.

                          Like I said P1, it feels like a witch hunt.


                          TibetanMonk
                          On Debt Row

                          AAD has so much to offer and wants so little back. Take advantage while you can.

                          Comment

                          • #14
                            Re: URGENT: Suspended, potentially losing my job and right to appeal?

                            Sorry to hear about this TM
                            I've moved your thread into the employment section

                            Elsa x

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                            • #15
                              Re: URGENT: Suspended, potentially losing my job and right to appeal?

                              I'm so sorry too TM, I do hope Jane can help you....

                              Best wishes
                              IF
                              "If wishes were horses, beggars would ride"

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