suspension from work

[crazygirly]

As i am now into my 4 month nearly of suspension for apparently going on the internet at work on inappropriate websites. I am due my hearing, what happens in these hearings? Is it where they tell me what they are going to do about the situation i.e. sack me or are they going to get me to go over old ground with them again and explain what happened? AGAIN???

[elvis1977]

it really may only matter depending what it was that you were viewing. this would able me to answer more fully.

[shanx]

dont know the conciquences , but i can remember reading in the paper that , time wasted in workplaces by employees going into sights , suppose like ab during working hours

[Ethel]

Don't forget you are entitled to take a union rep or 'friend' in with you as witness.

I doubt any decisions will be made there and then, but should be within a few days, unless it is all cut and dried and you are admitting it.

[TEAK36]

Were you issued a company handbook when you were originally employed. These handbooks usually give you the company discipliniary procedures, and you will often find that viewing inappropriate material (usually porn) on the internet is considered gross misconduct, which in many cases can result in dismissal. If you were not issued with a handbook, were you warned (in writing) that misuse of the internet was a discipliniary offence. If not, and regardless of the rights and wrongs of what you did, you should plead ignorance and state that you were not aware that you were breaking company rules.

[rosandjohn]

join a union, why havent you?

[bathtub]

The fact they have taken four months to deal with this suggests to me that their case may be flawed. You are entitled to have had this matter dealt with promptly, and to know in advance the precise nature of the allegations against you. Should they dismiss/discipline you, and you have grounds to take them to an industrial tribunal, their failure to follow correct procedures or respect your human rights may count against them.

You should also have been suspended on full pay - if not, you must immediately seek legal advice as you may well have a case against them for constructive dismissal.

What will happen at the hearing depends on your employer. Essentially they will have some kind of disciplinary procedure which should be explained in your contract of employment or be part of your implied conditions of employment - for example, displayed on a noticeboard for all to see or made known to you via a memo, e-mail etc.

Whatever form the hearing takes, it is NOT a court of law and its decision is not final. You have the right as others have said to be represented, by a union or professional body or by anyone else of your choice.

I would suggest you contact Citizens Advice for an appointment in advance of your hearing. They may agree to write to your employer and/or attend the hearing with you, or they may suggest that you seek legal advice and representation. If that happens, you're entitled to ask for the hearing to be deferred so that you can prepare your case and be properly represented.

Good luck!

[Twenty20]

Just to be clear as some of the advice above is incorrect - you can ask a work companion or trade union official to accompany you, you can't just bring along any friend or family member. Also, it's up to your employer if the person accompanying you is allowed to answer any questions on your behalf.

If it's clear cut then they may give a decision there and then or they may defer it and write to you. Either way, you have the right to appeal.

[callboy]

the reason the suspension is given is for the firm to investigate and come to a decision. It is usually within the week and even if it goes against you an appeal is allowed and will be heard by the next boss up the ladder but you would need some fresh evidence in support of yopur case, ie mitigating circumstances,but be warned if you admit the charge you will almost certainly be dismissed unless they have a poor record of discipline,ie one rule for one but not for others. Try to find out if other colleagues have been caught also and what happened to them,because bosses have a habit of trying to get workmates to speak against each othe on these occassions