Suspended from work

[Joey]

I can't see how any company or its management can suspend an employee without given them a reason.
They cannot suspend you without giving reason and as well as giving a reason they should inform you how long the suspension is for and whether you will be paid while being suspended.
You should have been called into the managers office where the reason for your suspension was given/explained to you and how long the suspension was for.
Also in fairness to everyone concerned to hear your side of the story and whether the suspension is justified.
The manager shouldn't have simply taken the foreman's word for what had happened.
That's how any decent reputable company operates
As far as i'm aware a company cannot dismiss/sack an employee for misconduct without firstly giving that employee 2 verbal warnings then a final written warning.
There are of course exceptions to this which would be classed as gross misconduct i.e assaulting a fellow employee or stealing from the company.

Nope. At Tesco we always suspended WITHOUT reason. The reason for suspension would only be discussed during the conduct interview....
If you give reasons, that allows time for someone to make up a story etc.

All processes were overseen by Usdaw union reps and done to the book.

As I stated above the usual process for disciplinary would be verbal warning, written warning, final warning, dismissal...however if it's deemed gross misconduct, i.e ignoring a direct action by a manager then you could jump to final warning or even dismissal if serious enough.

 

[martin st ledger]

I would get out of the job smartish, warning or no warning,
You only have one life so don't waste what's left of it working for such an employer.

 

[Slayer fan]

I was a manager at Tesco for many years and we used Usdaw as a union.

Our procedure, having previously asked someone not to do something as is this case, would be to suspend pending an investigation. Formal interview. Then disciplinary.... either verbal warning, written warning, final warning, dismissal.

If it's deemed gross misconduct to ignore a supervisor then there are grounds for instant dismissal.

Edit** we wouldn't disclose reason of suspension (although most would know). That would be highlighted in the interview.

I also used to work Tesco as well in one of there warehouse for nearly 12 years. At a warehouse near Chesterfield.

 

[Shrew]

If you get a chance of a job this week I would take it and hand your notice in before they fire you.. it will be in your best interest when you look for future employment .. you do not want a sacked for breaking health and safety rules on your cv…

 

[Captain_Saxa]

We have a pretty lax policy on smoking/vaping.

We only have 9 members of staff. Being a small business in terms of staff numbers helps keep things more informal. The only disciplinary action I've had to take in the last 5 years has been against people who no longer work for us for reasons unrelated to our smoking/vaping policy. 4 work in the offices upstairs. The rest in the workshop/warehouse downstairs.

Everyone bar one in the office vapes, doesn't smoke at all. The remaining does neither.

We're a "closed door" business. Customers are in by appointment only. Handful at day at best.

Vaping in the office is permitted since the one person who doesn't, doesn't care. Vaping is also permitted anywhere downstairs, so long as no customers are in the building. Vaping isn't permitted in the showroom (the only part of the building customers generally go).

Smoking isn't permitted anywhere in the building because that's the law. The two from downstairs who do smoke can pretty much smoke whenever they want, in their little area out the back of the building, so long as all the work for the day is completed. This is because those who vape have next to free reign, so it's only fair.

If at any point we employed someone who had an issue with vaping inside the building, we would obviously have to readdress it.

 

[solar]

We can burn out suspension bushes and make clouds of smoke , boil the kettle all day long, strip down brake systems and get dust everywhere but can’t vape there’s more stuff floating around in the workshop far more harmful than a vape

Wow, i would be frightened to sack anybody in case they reported the firm to the health and safety executive. Thats some nasty stuff you are inhaling..

 

[Byronic]

What sort of company is involved here?

A large company is likely to have properly thought through HR procedures.
Many smaller companies are likely to just "wing it" quite often.

We have no idea what sort of arrangements are in place here, do we?
So discussion of other companies' practices is of limited relevance, surely.

FWIW though, surely by any reasonable standards somebody should inform the OP of why he has been suspended or - at the very least, how long for and whether he is being paid?

 

[Captain_Saxa]

A large company is likely to have properly thought through HR procedures.
Many smaller companies are likely to just "wing it" quite often.

Agreed. I've worked/run both.

Currently, HR is me. We "wing it". We have a proper written policy but thankfully, with smaller numbers, there's never cause to use it. A bit of "don't be a dickhead" along with community policing is a much nicer way to be if you're fortunate enough to have good people and get away with being able to do it.

In companies of dozens/hundreds of staff, really there should be a dedicated HR function/department. They naturally come with proper procedures and unless the OP hasn't told us the full story, they don't sound like they've been followed.

If they are "winging it", they really shouldn't be. Winging HR is something you can only really do if already possess the necessaries to do it the big boy way, but don't actually need to.

 

[Moz58]

That's not quite right.
The correct procedure for discipline in the work place is:- firstly try an informal chat, a record of this should be kept ie, I told Bill not to vape and why.
If employee continues elevate to a recorded verbal warning.
If employee continue, first written warning.
If employee continues, final Written warning.
If employee continues, dismissal.
All warning must come with a letter explaining why, further consequences and length of warning.
Any stage of this process can be skipped depending on the severity of the offence right upto instant dismissal.
If someone is put on paid suspension it is very rare they aren't dismissed. The suspension time is to get the employee of the premises whilst a case is built to dissmiss the employee.

Yep everything should be documented even a chat and verbal warning.

 

[shergar]

I've advised people on a number of disciplinary hearings,through to representation at Employment Tribunals.
A common factor, as touched on by @Sniper1968 . Advice is only as good as the reported history.
Often when the full facts are revealed, best advice is reflect, adjust behaviour accordingly and in the case of professional misconduct, demonstrate a sufficient degree of insight, to avoid further sanction from the regulating authority.
Often people seek advice to confirm their own views and will reject any contra opinion.
I've been accused of being a "agent" of the Employer by a person who went on to spend £6K with a solicitor, only to finish with the result I had predicted.
Smoking in the work place has always been an issue, with "ciggy" breaks taken in addition to set meal times, often leaving the non smoking staff to provide necessary cover. Vaping can be similarly disruptive.

 

[Bighit]

One company I worked for had vaping and Smoking under the the same rules. It had to be done outside in the smoking shelter.

Not in the workshop, canteen or anywhere else . All started as some one was vaping in confined areas and others were breathing it in. He was also doing it in the canteen and the toilets .

The sickly sweet smell did not go down with every one . Yes there was other smells around the place but he was smoking as far as the company was concerned .


ACAS . someone may have posted it before but hey ho. It may not be up to date though.

UK Government Web Archive

This Page is [ARCHIVED CONTENT] and shows what the site page https://archive.acas.org.uk/index.aspx?articleid=4900 looked like on 4 Jan 2021 at 11:42:24

webarchive.nationalarchives.gov.uk

 

[Captain_Saxa]

One company I worked for had vaping and Smoking under the the same rules. It had to be done outside in the smoking shelter.

Not in the workshop, canteen or anywhere else . All started as some one was vaping in confined areas and others were breathing it in. He was also doing it in the canteen and the toilets .

The sickly sweet smell did not go down with every one . Yes there was other smells around the place but he was smoking as far as the company was concerned .


ACAS . someone may have posted it before but hey ho. It may not be up to date though.

UK Government Web Archive

This Page is [ARCHIVED CONTENT] and shows what the site page https://archive.acas.org.uk/index.aspx?articleid=4900 looked like on 4 Jan 2021 at 11:42:24

webarchive.nationalarchives.gov.uk

I think vaping, given they are different, has to be treated individually, by each business based on the consulted preferences of all, including (arguably most importantly) those who don't. People who vape don't mind vape, obviously.

It's up to the company to make their own vaping policy. We're lucky that it's tolerated by all (no one has childish massive smoke machines) but we still have rules on when and where for inside vaping.

A company can, if it chooses, treat it exactly the same smoking and call that their policy and since it's their house, it's their rules and by accepting employment there, you accept the rules.

A bit like commenting on sales ads...

 

[wilkinss77]

In the OP's position, I would demand to know why I'm suspended;
& if it's because of vaping, why me when others do it?

 

[gsh250]

Hang it out go sick with stress and anxiety doctor will write you a ticket with no worries and also call Health and safety executive about the non existent dust extraction equipment

 

[Anchutz]

A company can have any proceedures they want so long as they can defend them as fair at a tribunal. For instance my last company did verbal, final written, sack. Ie only 1 written. It was spelled out in policies when you joined and was enforced. There is no set proceedure everyone must use.

Actually there is. It's all laid out in the gov.uk web site. If you follow it you won't fall foul of employment law. When I was GM for the company I worked for this was my bread and butter.
Before I retired, on average employment tribunals found in the favour of the employee 75% of the time. Out of the numerous dismissals I had to handle we were taken to tribunal three times. I won each time, so I must have been doing something right. I didn't need to rely on lawyers or HR department. To win, all you have to do is prove that you have followed employment law to the letter. Have all relevant procedures available to staff. And most importantly to be honest and fair.

 

[Bighit]

Hang it out go sick with stress and anxiety doctor will write you a ticket with no worries and also call Health and safety executive about the non existent dust extraction equipment

Not a good thing to claim if untrue if you own Firearms , It may go against you

Yes I know its all treated individually but its not worth the risk unless its true you are suffering from it.

 

[Darren Petts]

There's an awful lot of guidance and best practice on government sites. They are not law. Acts are law.

 

[pjgtech]

You won't get a written warning BEFORE a suspension.

A written warning is one outcome of a disciplinary AFTER being suspended.

I can depend on where you work and their particular policy.
About 20 years ago I got a written warning, (the only warning of any kind I ever received in my working life!) I was not suspended.
The warning was because I had too much time off work on sick leave!
The reason I was off sick was because I had fallen down the stairs, (at home) and damaged my coccyx and literally could not walk for two weeks.
Our company policy was that you were allowed no more than 7 days sick leave in any one year, so yeah, technically I had breeched their policy.....
And, my back still gives me grief even now, 20 years later.... But I'm not bitter about it.....

 

[Joey]

I can depend on where you work and their particular policy.
About 20 years ago I got a written warning, (the only warning of any kind I ever received in my working life!) I was not suspended.
The warning was because I had too much time off work on sick leave!
The reason I was off sick was because I had fallen down the stairs, (at home) and damaged my coccyx and literally could not walk for two weeks.
Our company policy was that you were allowed no more than 7 days sick leave in any one year, so yeah, technically I had breeched their policy.....
And, my back still gives me grief even now, 20 years later.... But I'm not bitter about it.....

To be fair I should have worded that better.

I agree with your comment. We wouldn't suspend people for excess sick either. We'd bring them in for a meeting and disciplinary. Usually resulting in a written warning.

My comment was kind of referring to a more serious situation where an employee has directly ignored a request from management or other more serious situations; threats, theft, deception, etc.

 

[Lee71]

You get paid your full basic pay while being suspended as already said, and when you do go in to the hearing with whoever is interviewing you make sure you have someone with half a brain with you to make sure everything said is above board, if it's a union firm you can take a rep in to represent you or just to be your representative/or if not in the union so long as the union rep agrees our company allows this but not sure all companies do.