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Copper

Advice please re suspension on full pay from work (BIL not me)

Copper, 28 August, 2008 at 10:55 Posted on Off Topic Posts 0 10

My sister has just informed me that her partner was suspended from work on full pay pending an investigation on Monday morning. The background to it is this.

They have a 22 month old child who has been unwell with a "bug" for approximately 3 weeks. Back and forward to GP and A+E with no definitive diagnosis. "It's a childhood virus, don't worry" type of thing. Sister did all appointments, no time off for BIL at all. Sunday evening BIL looking after baby as Sister was returning from work. Baby starts to become floppy and listless. BIL takes him to A+E who again state he has a virus without even taking him out of his pushchair....(but that's another issue)

BIL takes him home, tells my Sister what happened and goes to work himself, telling my sister to call him if baby worsens.

At work, BIL tells foreman of situation and there was a possibility that he may have to go home if baby worsened. Foreman says no problem and even calls a member of staff from another team onto theirs in case BIL needed to go.

Sister phones BIL at 01.00. Baby temperature 39.9 and has rash all over belly and back. BIL decides to go home and get baby to hospital with Sister who is hysterical. Foreman is nowhere to be seen, replacement bod nowhere to be found. He tells another colleague who says he will tell foreman when he returns.

Monday morning BIL gets a phonecall from HR stating he has been suspended on full pay pending an investigation for "walking out on the job without telling anyone" The colleague that he told has been interviewed and he has confirmed that he passed the message onto the foreman but apparantely this wasn't good enough.

BIL now pooping himself that he might be sacked. He has worked their for 15 years without a blemish on his record. Any suggestions as to what he might have to do next? His union rep has said that they might try to stick gross misconduct on him which seems massively unfair.

10 replies

Latest activity by cjb, 28 August, 2008 at 15:02
  • M
    Moglie ·
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    I am very surprised that he has been suspended. I would normally only suspend if I thought the employee was going to destroy evidence/cause further harm/cause trouble.

    Tell him to write down as much as he can remember from the evening. His conversations with the foreman and his colleague, where he looked for the foreman and how long he looked etc.

    It may be that by "walking out" he caused some damage or loss of production which could come under gross misconduct e.g. "putting company property at risk".

    From what you have written here I would have to say it wasn't GM as he had informed the FM he may have to leave and did everything he could to find him.

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  • jaz
    Beginner
    jaz ·
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    A suspension on full pay tends to happen when the investigation would be best done without the employee at work. Following the investigation they will have to invite him to a disciplinary meeting if they feel it appropriate (depends on the outcome of their investigation).

    As part of the investigation there may be an investigatpory meeting with the employee to ascertain their side of the story where appropriate. If not, he will have the chance to speak at the disciplinary (and be accompanied by a union rep or colleague). If he could gather some evidence of the situation that could well help e.g. as he any evidence that he spoke to the foreman beforehand and explained the emergency?

    If he is dismissed he should have the right to appeal. He may want to speak to his local CAB or ACAS may be helpful.

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  • peppermint
    Beginner July 2004
    peppermint ·
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    It is also worth remembering that if HR have a policy then they have to stick to it. You may find that they are purely following procedure as regardless of his reasons or forewarning, he did leave his place of work without informing someone personally.

    I would guess that HR are dealing with the actual incident rather than the circumstances if that makes sense.

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  • Copper
    Copper ·
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    Thanks for the replies, I will tell them to write everything down that happened so that nothing is forgotten. He has had a phonecall today, inviting him to a disciplinary meeting tomorrow at 2pm. Peppermint, you are probably right, they are probably just following procedure. It just seems unfair and is frightening for them both ☹️

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  • jaz
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    jaz ·
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    Off the top of my head I think he should be given more "reaosnable notice" maybe 5 days notice of a disciplinary and invited in writing (stating the allowance of accompaniment, the exact complaint and what documents (including copies) they intend to use in the meeting etc) - otherwise it could be deemed automatically unfair...

    Can he contact his union rep asap?

    I'll try to help but I'm in the middle of redundancy stuff ?

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  • jaz
    Beginner
    jaz ·
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    Http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DG_10028114

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  • M
    Moglie ·
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    Like jaz said he should have it in writing and be told who can accompany him etc. However if they have not done this it would be something your BIL could use at appeal (should it come to it) also it is better he has it tomorrow now instead of prolonging it IMO

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  • C
    Beginner June 2002
    cjb ·
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    Blimey, sounds a bit OTT.

    How's the baby?

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  • jaz
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    jaz ·
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    Http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page19475.html

    This may also prove helpful!

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  • Copper
    Copper ·
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    Thanks for the further replies everyone, really helpful and I will pass it all on.

    CJB, he's on the mend thankfully. Turns out he's got Slapped cheek syndrome, fairly common apparantely. It usually has mild symptoms but he got it on top of a recent throat infection so he was bowled over by it poor thing.

    Was running around with a bucket on his head last night so I think he's on the mend!

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  • C
    Beginner June 2002
    cjb ·
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    Yep, if my kids are doing the 'running around with bucket on head thing' it usually means they're okay!!!

    Glad he's on the mend, hope your BIL gets things sorted.

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