Planetarion Forums

Ninja_spammer · 28 Oct 2004, 17:45

I have recently been suspended from my current employment (as a waiter in a hotel) without pay pending a disciplinary hearing.

This stems from an incident on monday in which I was unable to attend work due to a power cut ; no dry,pressed uniform from lack of iron or heater and no shower due to lack of hot water and it has been made clear to me that I must be clean and presentable for work; this did not come to my attention until I was getting up for work at 6:25 am (Due in at 6:45 am which is 1 hour earlier than normal) and after realising what was happening I went into work (which is nearby) and explained that I would not be able to make it in that day and I was told "Ok but can you come in after service if you get it all sorted out" by the manager on duty. As it was things were not sorted until after 11 am by which time the shift is usually over so I spent the rest of the day trying to get stuff ready for that nights shift. At 5 pm (3 minutes or so before I start work) I recieved a call to come speak to the general manager, which I did within 2 minutes or so at which point I was informed that I was "Taking the piss" and "You should have came and used the hotels facilities" (Which previously have been made clearly off limits to non-live in staff) and that I was on suspension pending a disciplinary hearing. When I asked for a written note of this I was told "This is me telling you now, your suspended go home I'll contact you when I set up a meeting" and so I did so.

Its now three days later and having gone in an asked to speak with the manager in question for a date of the hearing I was told "Oh yes I havent sent the letter yet but can you come in on monday at noon" and when I asked for clarification as to my suspension status (with or without pay) I was informed that it was out and he walked away.

Now I still do not know exactly what this hearing is relating to but the gist of what I got was that it was due to my time keeping or abscences for which I have recieved no formal written warnings (Which are handed out for persistent lateness), no formal verbal warnings but I may have had 1 informal verbal warning 2 weeks ago. Now bearing this in mind can they legally suspend me without pay or even take me before a discplinary hearing?

Serious answers (helpful or not) are welcomed and given thanks non-serious ones are fully expected and yes I am carrying out my own research on this at the same time but all help is welcomed.

roadrunner_0 · 28 Oct 2004, 17:48

it depends on how long you have been there, and im *pretty* sure that they can suspend you without pay, but thats a bit of a grey area i think

EDIT: seriously, totally seriously here, when you go in for the diciplinary hearing TAKE SOMEONE WITH YOU, it is your right that your manager cannot deny and its always helpful to have someone to back you up and make sure that your manager plays it fair

Sunday8pm · 28 Oct 2004, 18:45

Also tell tell them it's a lawyer who specialises in employment disputes and have said person dressed up like one.

Failing that though tell them you'll be recording all future meetings.

Also, CAB, use it, also make inquiries at your job centre they do not want to see you signing up down there and will usually interfere, especially if this is a job you had got through your job centre, regardless if they can't help yet this hotel advertises through the job centre for employees it may pay to point it out to them about their manager etc etc.

Timeline · 28 Oct 2004, 18:57

By law they have to give you twenty four hours notice of a disciplinary hearing. Therefore he can suspend you on the spot as long as he keeps you up to date on the situation.
As for with or without pay, thats a tricky one. Did you sign a contract when you started work there, or are you just casual staff?

Ninja_spammer · 28 Oct 2004, 19:03

The contract part is the iffy part, no I have not signed one or actually recieved anything like one but on the other hand I'm not technically 'casual' labour (Employed with them for 9 months now and as I understand it that supposedly creates a contract between us of sorts after 2 months).

After some searching of my own it seems that my employer does not have the right to suspension without pay unless I agree to it in my contract......

Basically Im ready to quit (as soon as i find alternative employment) but they currently are holding onto about 8 months worth of my tips (It was supposed to be split quarterly) and they wont tell me how much Im due and I suspect they'll just with-hold if I quit or they dismiss me.......

As for the 24 hours notice, they suspended me on monday and the hearing is not until this monday....which seems a long bloody time given that he still hadn't posted me the letter (I live literally across the road from the hotel) . I have also not been given any written notice or reason for the suspension.

Timeline · 28 Oct 2004, 19:16

Because you have been there for a while entitles you to a contract, however by the sounds of it they haven't offered you one yet. because of this the law gets vague over the whole pay whilst suspended thing.
When you started work, you should have been supplied with a company handbook. In this will give the procedures for disciplinaries, grievances and appeals.....and the pay whilst suspended. However if you didn't recieve one of these then they are in breech of employment law and therefore you are entitled to your pay.
Now one more thing......don't quit. At least not yet. When you have your disciplinary definitely take someone with you as a witness, and try to get them to make a record of what is said. Odds are you won't be allowed this but it is worth the hassle if you can. With this record you can check the disciplinary letter they send out to you for accuracy.
Now you said that you only have had an informal warning two weeks ago, therefore they cannot go beyond a written warning, more likely you'll get a formal verbal. If they do you have grounds for unfair dismissal.
After the disciplinary, see how things go. if the gm is still a tit with you, take out a grievance against him with his superior....get the info off your immediate supervisor

Timeline · 28 Oct 2004, 19:19

Quote:

Originally Posted by Ninja_spammer

As for the 24 hours notice, they suspended me on monday and the hearing is not until this monday....which seems a long bloody time given that he still hadn't posted me the letter (I live literally across the road from the hotel) . I have also not been given any written notice or reason for the suspension.

Ok they can keep the disciplinary ongoing for as long as they want, however they must inform you of the reason and give you the opportunity to rearrange if not suitable for you and the person who is coming with you.

Ninja_spammer · 28 Oct 2004, 19:29

Mmm yes I do have a company handbook, which clearly states a disciplinary procedure which goes like this:

Unsatisfactory conduct (lateness/abscence): formal verbal, Formal written, final formal written and then dismissal.

Misconduct: Formal written, final written warning , dismissal

Serious misconduct: Final written warning, Dismissal

Gross misconduct : Dismissal.

Warnings for performance will give a period of time to allow for improvement.

All warnings will include a reminder of your right of appeal.

RE: suspensions

On some occasions it may be nessecary to suspend an employee WITH pay in order to avoid a difficult situation or to clarify facts.

Suspension with pay is a temporary measure to assist in clarification of facts and is not to be regarded as a disciplinary measure or a penalty of any kind.

In exceptional circumstances, suspension from work without pay for *up to* 5 days as an alternative to dismissal may be considered by the person authorised.

--------------

Those are all condensed quotes from the handbook.

None of which seem to support a weeks suspension with out pay.

Timeline · 29 Oct 2004, 01:44

got them by the b*llocks mate

*donkie* · 29 Oct 2004, 21:18

Quote:

Originally Posted by Mystic

Because you have been there for a while entitles you to a contract, however by the sounds of it they haven't offered you one yet.

After four weeks of employment, you should have been given a written statement of employment, as it is legally required. Because they have not done such, it may amount to Constructive Dismissal. Contact ACAS to discuss this before you make any serious moves - its a free service operated by the DTI and they're experts on employment law, so they should be able to sort you out.

Blastoderm · 30 Oct 2004, 01:20

Ninja_spammer in I'm Manuel and got sacked by Basil.

I wish I could help. All you've got to do is just pray for something good to go in your favour by the end of it all.