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05-07-2008, 23:22   #1
susa41981
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Can anyone give me any advise or info about what our rights are please.

My boyfriend got suspended from work about 3 weeks. He turned upto work one day and got escorted straight of the premises without being told anything apart from the fact he had been suspended. He phoned me to tell me what had happened and I phoned his work straight away to try and find out what they had done it for. They wouldnt tell me anything not even if he was still getting paid.

About 4 days later he recieved a letter advising him what the reason was behind the suspension but still didnt make it clear as to what he had supposedly done wrong and still didnt tell him if he was getting paid. He got union involved who advised him that he should be getting paid but couldnt say for sure until he attended a meeting with his boss and for him to ask them(union rep couldnt go with him because only just recently joined and you have to wait so long before someone can represent you). He attened the meeting and got told what he had suppsed to have done(he works in social care and a so called colleague who has a grudge against him has accused him of physically abusing a client which is totally untrue and just this nobheads way of getting him out). He also got told it is their policy not to pay someone when suspended. Got onto union who said nothing he can do if its their policy although they had never heard of this before but is a private run company so different to nhs run places.

He is now sat at home not knowing how long he is going to be waiting for. Work have said they are running their own investigation and that social services are now involved. He's been to job centre who say he's not entitled to any benefits as he is still technically employed and been to citizens advice who say the same thing. I only work part time and we have a child. I cannot believe that there is absolutely nothing he can do to find out whats going on. Woman from union has been trying to contact his boss at work to get more details but either saying she's not in or ignoring calls. What is he supposed to live on? They have said that they will backpay him if found not guilty but what its basically his word against someone elses. If they do find him guilty, he wont be able to claim any backdated benefits so we are up s*** creak at moment. Because he's not getting paid, no ones payying his national insurance stamp so if he does have to claim for benefits in future for whatever reason he may not even be able to.

Can anyone give any advice at all? Do you think its worth going to see local mp or any other suggestions. When its someones word against another persons, how do they decide who they believe. I'm starting to get realy stressed out because of all this and the thought that this could go on for months, we honestly wont have enough money to live on.
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05-07-2008, 23:35   #2
fox20thc
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He can call ACAS. He should also pull his contract out. It's very rare for a company to not pay on suspension as its suspicion rather than fact.
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05-07-2008, 23:46   #3
susa41981
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He's not ever recieved a formal contract. Would acas be able to say anything different to what union have said?
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05-07-2008, 23:53   #4
fox20thc
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It depends how long he has been working for them. For some instances no contract 'I beleive is as good as a contract' as he should have one by law after a set period.
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06-07-2008, 18:36   #5
cbr900
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usually in my experience if the company suspends you , it is almost like giving you a chance to hand in your notice as oppose to being sacked . Unless he can prove he has done nothing wrong I would look at walking away because if it is a private company they wont want this kind of mud sticking on them even if it's untrue.
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07-07-2008, 18:34   #6
S6 D.I.Y
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i think its 17 weeks before a contact has to be given

not 100%sure
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07-07-2008, 23:12   #7
susa41981
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He's been there about 9 months. He dosent want to resign, he haset done anything wrong. I just cant beieve how there treating him. Are they breaking any laws by never giving him a contract or a copy of their discipline procedure?
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07-07-2008, 23:40   #8
Strix
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for starters I'd go and see a solicitor - most of them do a free half hour consultation. Choose one who is expert in employment law

if you have household insurance of any description you usually have access to a free legal advice line - though that may not cover employment situations - check your policy

The union rep sounds like a waste of space who doesn't know their rear from their elbow -
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Got onto union who said nothing he can do if its their policy although they had never heard of this before but is a private run company so different to nhs run places.
does that whole thing sound like 'I dunno, bee reet' to you? Contact ACAS

I hope you get all this sorted out really quickly - and I hope the git who did this gets his comeuppance
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07-07-2008, 23:44   #9
Strix
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here you go - some useful info for starters:
http://www.bbc.co.uk/consumer/guides...tatement.shtml
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08-07-2008, 00:32   #10
Strix
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I've been mulling this one over a bit...

... I'd also ask a solicitor what your chances of suing the colleague for 'defamation of character' are - even if your OH decides he's best off looking for another job immediately
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08-07-2008, 14:33   #11
susa41981
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Thanks Strix

Acas have said he should have received a contract although on that link you put up it says he just needs a written statement. I've got to chek to see if he's recieved one of these, dont think so though. They also said they should be paying him if he's not been given any info about procedures when he first started.
His work have said they say they will backdate pay if they find he's not done anything but in the meantime if he is found guilty(they will never be able to prove this asjust not true) he will then not be able to claim any back pay in job seekers allowance or anything like that. They have got him well and truely over a barrel. He wants to carry on working in this field so cant look for another job while this is beng sorted.
No money coming in and bills piling up
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09-07-2008, 14:08   #12
Lofster
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In my mind if you're suspended you still get paid normally as it's 'under investigation'. The company should have clarified this when the letter was first sent through.

If he's been there 9 months then he should be OK even without a contract because it should have been provided long before now. If this went to a tribunal for example, he would be provided with a standard set of terms and conditions by the hearing.

Hope everything turns out well.
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09-07-2008, 14:40   #13
sanman
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He should contact work immediately and ask for copies of both the Grievance and Disciplinary Procedures.

Look through the latter with a fine tooth comb and see if the company has followed them to the letter. If they haven't point out their mistakes and tell them that an Industrial Tribunal appeal may well result.
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18-07-2008, 16:24   #14
OrganiseChaos
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This happened to a colleague of mine at an old employer and he just resigned and went somewhere else.

The employer in this case may well have the wrong information from this other guy and they may also have a suspension policy which could be regarded as unfair by ACAS or similar. They may even be breaking the law on the contract side of things and its completely understandable that you and your boyfriend would be really angry about this but can you really imagine him going back to work there? Would this other guy not just do this again?

Also I do think the company should immediately suspend anyone reported to them as having abused a person in their care. Its the only way to protect the clients.
However, it should not take 3 weeks to interview those involved and come to some kind of decision.

Personally I kind of agree with the advice to resign and look for something else.
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23-07-2008, 21:25   #15
songfullbeth
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You are entitled by law to a statement of employmet (contract) setting out T&C after 13 weeks, as far as I am aware you are entitled to full pay while under suspension if they are investigating an issue, however if they have already said they are going to a disciplinary and they have made an alegation against your parner then the rules change. what union are you with because although you may not be entitled to legal help because of the time rules most reps will still give on sight representation. I know that Unison have reduced there time rule from 13 weeks to 4 weeks.
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