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suspension at workplace

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MajkaSal | 21:22 Sun 12th Dec 2010 | Law
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I am from Slovakia and i work in warehouse for three years and study at University. I was never interested in any of the companys'parties till yesterday where i had fun with my friends on christmas party from work. I was dancing and next to me was dancing English girl from morning shift and she was pushing me and she did not stop even if i said to her to stop. we ended up with pulling our hair out (she pulled mine and she made ''nice'' bald on my head, what i didnt take any of hers) Security was taking just me out, not her. I have heard that we are going to be suspended and later will be investigation. Fault was on both sides, but it will be her word against mine. I would like to know what are my rights and what I need to know about suspending. Any help counts. Thank you.
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I really must get to Specsavers. Was getting quite excited as I thought this was about an altercation in a whorehouse.
21:39 Sun 12th Dec 2010
plus i didn't say that the poster would lose their job. Just saying it's wrong and untrue to say " If you weren't actually at work being paid to do your job then they can't touch you"
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yeah we do have, but i do not believe them, cause they are going to be on the company's side.... few people had problems before but never helped .... anyway friend of mine was told this today by team leader and I am sure about this. Last year manager was throwing up on the dancefloor and he got disciplinary as well :) what i know is that i can't get sacked cause i do have contract there and they agreed with Uni :////
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Deja vu.
I wouldn't bank on it. If what transpired is viewed as gross misconduct, then contract or no contract, you can be sacked on the spot. You should seek union advice (if you are a member).
Claim she was racially abusing you, sue the company for not looking after your rights, she gets sent down and you milk the company for compensation, you could also say that the security staff touched you inappropriately........you get full citizenship and a pocket full of cash!!! thats how it usually works......
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Majka - you may have a contract of employment but people can still be dismissed for breaking company rules, that is not unusual in severe cases, but normally a disciplinary sits on your file for up to six months (it does in our place) after which time it is spent. Your team leader needs to tell YOU, not your friend - wait until you either go into work or get a call or letter direct from the company telling you what's happening. Your HR department will of course uphold the rules of the contract which is why I asked if you have a union rep, who could support you if it does go to disciplinary.
Suspension should be on normal pay, unless there is an explicit clause in a contract document allowing suspension with pay.

Behaviour at a work social event can be relevant for discipline, so it might be reasonable to dismiss for fighting if managers have a genuine belief, reasonably held after proper investigation. Your argument might be that there was an incident but it was not at work, was influenced by alcohol and was out of character. You might also argue unreasonable behaviour by the other person so that you were acting in self-defence.

If one of you is dismissed and not the other, there will be considerable pressure on management to show the dismissal was not unfair.

A key issue in securing any remedy is whether or not you have more than one year's continuous service.

At the moment, there is no fee to make a claim that you have been unfairly dismissed.

Good luck.
Hi charner73- the "deja-vu" comment was in relation to an almost identical indignant comments made by another new member called Charmer73 yesterday, and reminded me of previous situations too. Sorry if you felt you were being treated as the suspect. I'll stay out and just wait and see what happens.
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Good, so that's all sorted then. Welcome to AB to you Charner 73 (and to the unrelated Charmer73). Hope we don't get you two confused while you both have jellybaby avatars.
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This thread seems to have gone quiet now- everyone seems to be on the megastar threads
Oh, I see charner73's contributions have been removed, despite all her assurances that she was a genuine new poster.
Charming.....or even charning.

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