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Suspension for Gross Misconduct



 
 
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  #1  
Old September 21st 08, 07:32 PM
karlsp karlsp is offline
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First recorded activity at LegalBanter: Sep 2008
Posts: 1
Thumbs down Suspension for Gross Misconduct

Hi all, hope someone can help.

My brother has recently been suspended from work, on a charge of gross misconduct, although he hasnt been advised what exactly the gross misconduct was. His company van, and phone were imediately confiscated.

Let me explain the details.

My brother works for a very large national landscaping company,, and has done for at least 15 years. He runs his own team of lads, and is responsible for his own yard / equipment.
Last week his yard was broken into, and an amount of equipment was stolen, sometime after they finished work on the Monday. On Tuesday morning he and his workers arrived at the yard to find missing equipment. He calls his boss who comes to the yard, takes photos, and calls police. Then he demands all the staff meet him at regional HQ.

There his manager interviews all the lads, fires all the agency staff on the spot, allows all the other lads back to work, and suspends my brother telling him its for gross misconduct.

The equipment was locked and left in the same spot it has been for the last 6-7 years, something that can be supported by previous managers, yet we can only conclude the gross misconduct can only be because the equipment was not in a lockup (the company hasnt provided one), or because they think he has stolen it.

Now a week on he has heard nothing from the company, no written confirmation of suspension, no explanation of the charges, and no idea of how long this will drag on.

I can only see that the company concerned are in some serious breaches of employment law here, but would appreciate any help or advice that can be supplied.

I have suggested he phones the HR department, and asks for a written confirmation of the suspension, and an explanation of why, but i dont want him to drop himself into any more problems..

Thanks in advance for your help.
  #2  
Old September 22nd 08, 08:20 PM posted to uk.legal.moderated
Martyn H
external usenet poster
 
Posts: 38
Default Suspension for Gross Misconduct

On Sep 21, 11:10*pm, karlsp wrote:
Hi all, hope someone can help.

My brother has recently been suspended from work, on a charge of gross
misconduct, although he hasnt been advised what exactly the gross
misconduct was. His company van, and phone were imediately
confiscated.

Let me explain the details.

My brother works for a very large national landscaping company,, and
has done for at least 15 years. He runs his own team of lads, and is
responsible for his own yard / equipment.
Last week his yard was broken into, and an amount of equipment was
stolen, sometime after they finished work on the Monday. On Tuesday
morning he and his workers arrived at the yard to find missing
equipment. He calls his boss who comes to the yard, takes photos, and
calls police. Then he demands all the staff meet him at regional HQ.

There his manager interviews all the lads, fires all the agency staff
on the spot, allows all the other lads back to work, and suspends my
brother telling him its for gross misconduct.

The equipment was locked and left in the same spot it has been for the
last 6-7 years, something that can be supported by previous managers,
yet we can only conclude the gross misconduct can only be because the
equipment was not in a lockup (the company hasnt provided one), or
because they think he has stolen it.

Now a week on he has heard nothing from the company, no written
confirmation of suspension, no explanation of the charges, and no idea
of how long this will drag on.

I can only see that the company concerned are in some serious breaches
of employment law here, but would appreciate any help or advice that
can be supplied.

I have suggested he phones the HR department, and asks for a written
confirmation of the suspension, and an explanation of why, but i dont
want him to drop himself into any more problems..

Thanks in advance for your help.

--
karlsp


the written confirmation should follow - in the NHS it's usually given
to people at the time

along with a copy of the organisation's policy on suspensions

suspending someoen from work is very much like arrest and bail by the
police it imposes restrictions on the individual to allow an
investigation it is not a presumption of guilt and the OP's
'brother' should be paid throughout his suspension

 




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