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gingerslove | 18:18 Sat 12th Jul 2008 | Law
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My friend was suspended from work (pls see post labelled suspension under Civil Law) and still has not been told why or when the disciplinary hearing will be. We have now been told to have nothing to do with him as we will also be in trouble and it would make things worse for him.

Surely he can't be left suspended on full pay and yet not told what allegation/complaint has been made about him, and not be told when the disciplinary hearing will be held or how long he will be on suspension for?

If he is eventually dismissed, will he be able to take them to a Tribunal for wrongful dismissal or take some legal action for being left in the dark like this? He can't sleep at night because of the stress and its having an impact on his marriage. He isn't sure whether he should be looking for another job, as he doesn't have a contract (he is still in his probationary period) and he doesn't have a copy of the grievance procedure. I would have thought it would be easier for them to just tell him that he wasn't working out than go through the rigmarole of suspending him on full pay but then I am also at a loss to know what he did that was so bad.
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As per my previous post, ACAS may be able to help him further.

Is he part of a union or is there one for your industry that he could also contact for advice or support.

Make sure he takes up having someone with him at a meeting so it's not just him on his own.

As regards looking for another job, would he really want to return after that?

Could something have been found on a computer? Using company e.mail or internet for personal use or anything which could have been picked up on an inspection or by a firewall?

Could someone have made a complaint or accusation about him and they don't want to reveal the identify (or identifying details)?

Could he have made a mistake which he may not have picked up on (which may be part of the problem) but could have cost the company in terms of money or business?
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Unfortunately there is no union, and ACAS is not open at the weekends, so he will contacting them on Monday when they open. I think its just really preying on his mind right now, causing problems at home and just depressing him, so I guess I would just like to reassure him if possible that everything is okay.

At least 4 seperate people have told me how shocked they are since our immediate boss was only just singing his praises as recently as the day before he was suspended, so it really has come out of the blue. He hasn't used a PC for about a week and a half so I can only assume someone has made a complaint but can't understand why.

I did think he would have been told by now but he hasn't even been told how long the suspension will last, when the disciplinary hearing (if there is one) will take place, or if his fate will just be decided and then that's that, a fait accompli.
Could it be that he does know and doesn't want to tell anyone else?
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I am convinced that he genuinely is perplexed. He has spent 50% of the time crying since he was suspended as he is so worried that he will lose his job, and its made worse that he doesn't know why. I have tried to ask (discreetly) but no one else at work can figure it out either.
Although not wanting to throw petrol on the fire � anyone taking a new job (which I suspect your fiend has, since he is in his probationary period) in the UK, can be dismissed within their first year of employment for no (valid) reason. They cannot claim unfair dismissal or any other reason to take the matter before an industrial tribunal. I believe that the only exception to this is if you were dismissed on the grounds of sex discrimination.

Everyone taking a new job in the UK should be aware of this � I personally know of people who gave up secure jobs to work for another company � what they did not know was the company only wanted them for a short term (around 6 months) � once they had completed the project they had been given, they were told they were no longer required. They found out the hard way that they had no job security.
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That is what we thought Hymie hence we are so confused as to why he wasn't just dismissed, but instead suspended on full pay. Surely if it was that bad (whatever he is supposed to have done) they would have just told him it wasn't working out?
I would suspect that the company is following its normal procedures. Although they could dismiss your friend, with no come back on them � it appears that they are investigating the situation, and will make a decision once the investigation has reached its conclusion.

If it was me (and I was totally innocent of any wrong doing), as a new comer to the company, I would suspect someone had implicated me, in an attempt to shift the blame from themselves.

If I were your friend, I would take comfort that the firm were paying me while the investigation was on going � I would also look around for a new job � just in-case.

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