Sent home on Special Leave with full pay - Nearly 2 months now!

irishbrain

Hi,

I was called to the office in work on suspected grounds of abusing flexitime, i.e. going on my lunch break whilst still clocked in and taking longer than I should. I was sent home pending an investigation.

Almost a month later I received a letter advising that I was to attend a meeting on the Thursday to answer 4 questions. Was I cheating the clock on 4 specific days? I explained that I was not and that I was out of the office occasionaly to make a number of phone calls to my sick grandmother. He said that I was seen absent from the building but I have denied this and urged him to check the CCTV. I was sent home pending further investigations.

It has almost been a month since then and two months in total and I have not heard a thing. What does this mean for me? Is it to my advantage that it is taking this long? I am on full pay and I honestly did not do anything wrong.

Thanks.

Rich1691

irishbrain wrote: »

Hi,

I was called to the office in work on suspected grounds of abusing flexitime, i.e. going on my lunch break whilst still clocked in and taking longer than I should. I was sent home pending an investigation.

Were you abusing flexitime or is it a technical error?:D

irishbrain

No, somebody reported me as abusing it but I had to go outside to make phone calls to my sick Nan - I was never gone for more than a few minutes!

Sephiroth_dude

Well if there paying you full pay then I would wohoooooo,maybe give them a ring and see where you stand,by the sounds of it,the investigation has been going on a while and you desserve to know where you stand.

Nody

irishbrain wrote: »

No, somebody reported me as abusing it but I had to go outside to make phone calls to my sick Nan - I was never gone for more than a few minutes!

My sound crass but if you went out, with out checking out, you did abuse the flexitime system as the company is not paying you to make private calls.

spurious

Sending you home for two months as a response to possible Flexitime abuse seems a bit of a 'sledgehammer to crack a nut' situation. Unless there has been an alleged fraud of very large dimensions committed I'd imagine you've cost them more sitting at home than any couple of minutes to make a call did.
Have you heard nothing at all from them? Is there a timeframe in which they must make a decision?

egan007

Call your local http://www.citizensinformation.ie/
They will tell you what to do

Caoimhín

OP, it seems very odd that it has taken 2 months, especially since you are on full pay.

Give your manager a call for an update. Also, did you sign a contract? What does it say about disciplinary procedures in that?

AARRRGH

Have you had any disciplinary problems with this employer in the past?

Do you have a record of coming in late or have poor time keeping?

Your employer obviously has a major problem with you to be doing something like this. Is there more to this story you're not telling us?

Anyway, if I were you I'd stay quiet and wait for them to contact you. You are, after all, on full pay.

irishbrain

The annoying thing is that I have been with the company for two years and I have a 100% attendance record and a clean disciplinary. I urged them to check the CCTV to show that I was never out of the building for an hour at a time (which I have been accused of). This was at the last meeting and the employee relations manager said he would check it out and get back to me. I have heard nothing.

I also checked the disciplinary notes. It states that the employer must get back to me within 10 working days from the time of me making any oral representations. It has now been 12 working days since I was called in for that meeting.

eth0_

Nody wrote: »

My sound crass but if you went out, with out checking out, you did abuse the flexitime system as the company is not paying you to make private calls.

Oh come on!! Do you ask your manager to dock YOUR pay if you have to go outside the office to the fire stairs or wherever to make a private phone call for 5 mins?

If the OP is telling the truth that it was literally a couple of minutes every day then it's ridiculous that he/she has been suspended! OP - how did the colleague who grassed you up not think you had just gone to the bathroom?

leeroybrown

Nody wrote: »

My sound crass but if you went out, with out checking out, you did abuse the flexitime system as the company is not paying you to make private calls.

Assuming that the OP's version is correct, there's a big difference between the employer accusing someone of using some work time to make a small number of personal calls and accusing them of deliberately avoiding clocking out when leaving the place of employment.

The one caveat to this is that the OP needs to explain what is meant by 'out of the office occasionally' and 'absent from the building'. They're open to a lot of bad interpretation.

321654

I'd say you are fine. If they had grounds to fire you they would have done it by now instead of paying you for so long.

You might as well use this treatment as a stick to beat them though and ask for the whole investigation in writing. Tell them its for your records in case you have to go to the labour court at any time.

They really cant put a foot wrong on you now unless you do something wrong. Probably a good thing for you since any messing by them at all could be seen as harassment now.

irishbrain

Do you think that they are trying to make me resign or something then by leaving it this long and not keeping me informed of the progress?

consultech

Ha jeysus, what's the problem?? (Aside from the recession/not having a job to go to if ur let go etc etc). 2 months on full pay? This is a bit like Phoebe's "7 Grand and a free football phone" situation in Friends! Say naatin n see how long u can get paid for sittin on ur arse, IMO.

tallaghtoutlaws

consultech wrote: »

Ha jeysus, what's the problem?? (Aside from the recession/not having a job to go to if ur let go etc etc). 2 months on full pay? This is a bit like Phoebe's "7 Grand and a free football phone" situation in Friends! Say naatin n see how long u can get paid for sittin on ur arse, IMO.

In fairness Id say the OP would rather know they still have a job. Being paid for the last 2 months while not going to work is great yes but im sure job security is now an issue. Last thing the OP needs in these times is no job.

OP Seek legal advice. Im surprised you haven't at this stage.

irishbrain

Thanks for the replies. Do you have to pay a lot to get legal advice?

Sleipnir

Go to your nearest Citizen's Information Centre. It's free. http://www.citizensinformationboard.ie/services/citizens/citizens_centres.html

irishbrain

Thanks a lot.

Titian Gal

This stinks of a form constructive dismissal to me. Exaggerating an infraction so they can dismiss you and say they haven't needed you for the 2 months. It seems outrageous. Best employment solicitors in the land are O'Mara Geraghty Mc Court. If Anne Brennan is still there ask for her. Even one letter from her will stop them playing sillybeggars with your career. She was the dogs when I had an issue with employer. Good luck!

Raiser

eth0_ wrote: »

Oh come on!! Do you ask your manager to dock YOUR pay if you have to go outside the office to the fire stairs or wherever to make a private phone call for 5 mins?

If the OP is telling the truth that it was literally a couple of minutes every day then it's ridiculous that he/she has been suspended! OP - how did the colleague who grassed you up not think you had just gone to the bathroom?

+1

- I really despise this sort of lame, bureaucracy-gone-mad carry on! So some Office half-wit thinks they see something and maliciously reports it and then the OP gets a 2 month sentence of uncertainty and fear. Why is the company/people involved rewarding such sneaky, petty, underhanded behaviour? W@nkers!!! Also bear in mind that its not a good time to be out of work/job hunting.

OP I hope you get your 2 months pay and then awarded compensation for defamation of character, emotional distress or whatever - best of luck !

irishbrain

Thanks a lot. I will keep the thread updated. So far I still havn't heard anything from them. Just to give a little more detail if allowed - the company I work for is a financial institution and I work in the admin section. They can afford to be without me for this time because there is not enough work to go around.

irishbrain

Update: Nearly 9 weeks at home now with full pay and I still havn't received a phone call / letter.

I don't want to ring them out of principle because I did that last time and I was only called in for an investigation meeting. That itself was a month ago. Not a word since then.

It is no holiday. I worry every night about my job. I am innocent but I feel they are trying to gather everything they can to sack me.

I will check the post again tommorow, as usual.

ZingK

Is there any chance they have forgot about you completley?

consultech

Why don't you start looking for another job? Go through a recruitment agency and set the expectation from the start that it may take some time to get "get out of your current contract" etc. They will manage the prospective client/employer as they will be trying oto make the placement no matter what, and will effectively bend over backwards for you.

Worst comes to worst and you get a job offer 2 months down the line, and your current employer then says you can stay on, just turn it down. Would be a nice bit of insurance though.

tallaghtoutlaws

consultech wrote: »

Why don't you start looking for another job? Go through a recruitment agency and set the expectation from the start that it may take some time to get "get out of your current contract" etc. They will manage the prospective client/employer as they will be trying oto make the placement no matter what, and will effectively bend over backwards for you.

Worst comes to worst and you get a job offer 2 months down the line, and your current employer then says you can stay on, just turn it down. Would be a nice bit of insurance though.

Yeah but the problem is his last job wont give him a reference if he is suspended and the times that are in it with so many people looking for jobs. Companies wont risk the OP who is been suspended for 2 motnhs when they can find someone with no bad record in their previous job.

Simple fact OP you need to get a solicitor involved at this point. Instead of sitting around still waiting for them to do something about. Are you seriously just going to sit there and wait for them to contact you? Get this sorted now as the longer you leave the more your reputation is ruined.

consultech

tallaghtoutlaws wrote: »

Yeah but the problem is his last job wont give him a reference if he is suspended and the times that are in it with so many people looking for jobs. Companies wont risk the OP who is been suspended for 2 motnhs when they can find someone with no bad record in their previous job.

Simple fact OP you need to get a solicitor involved at this point. Instead of sitting around still waiting for them to do something about. Are you seriously just going to sit there and wait for them to contact you? Get this sorted now as the longer you leave the more your reputation is ruined.

A fair point, although it's not always necessary to get a reference, or from the current employer at least.

I would suggest that if you do get solicitor involved; Part of what you are seeking should be an official letter from your employer outlining the company's admittance of fault, absolving you of a poor reference for future employers. It may not be the wisest thing to rely on a simple verbal reference from them after being paid for 3 odd months and potentially making them look silly because they got it wrong.

irishbrain

Just to keep you updated as promised:

It has been 69 days today since I was sent home from work on special leave pending an investigation into my alleged coretime infringment.

I have been called in once during this time after I made a phone call myself which was 28 days ago.

At the start I was told that THEY would contact me and keep me updated. I will not be calling them. They are supposed to be a professional financial institution.

I havn't sought legal action as of yet but I have emailed a couple of solicitors and the Employment Rights website and I am waiting on a reply.

I will keep this thread updated, thanks.

irishbrain

I got a letter in the post today 74 days after being sent home on specical leave and 33 days after being called in the last time with not 1 single phone call made to me to keep me updated.

The letter is a joke and shows minutes of meetings held with 3 assistant managers all saying that they monitored me out of the building on 3 different days when I wasn't supposed to be. It is totally untrue but do I have a chance now with 3 managers saying they witnessed me not there?

I have to meet the employee relations officer tommorow at 11am. Remember, I have a 100% attendance record, clean employment history and most important of all.. I am innocent!

Please advise.

andrewh5

irishbrain wrote: »

I got a letter in the post today 74 days after being sent home on specical leave and 33 days after being called in the last time with not 1 single phone call made to me to keep me updated.

The letter is a joke and shows minutes of meetings held with 3 assistant managers all saying that they monitored me out of the building on 3 different days when I wasn't supposed to be. It is totally untrue but do I have a chance now with 3 managers saying they witnessed me not there?

I have to meet the employee relations officer tommorow at 11am. Remember, I have a 100% attendance record, clean employment history and most important of all.. I am innocent!

Please advise.

First and foremost GET LEGAL ADVICE! Secondly, DEMAND to see the CCTV tapes for the periods the managers are claiming you were out of the building.

tallaghtoutlaws

irishbrain wrote: »

I got a letter in the post today 74 days after being sent home on specical leave and 33 days after being called in the last time with not 1 single phone call made to me to keep me updated.

The letter is a joke and shows minutes of meetings held with 3 assistant managers all saying that they monitored me out of the building on 3 different days when I wasn't supposed to be. It is totally untrue but do I have a chance now with 3 managers saying they witnessed me not there?

I have to meet the employee relations officer tommorow at 11am. Remember, I have a 100% attendance record, clean employment history and most important of all.. I am innocent!

Please advise.

I have gone through the labour courts for unfair dismissal and those meeting will mean fook all to the employer as you were not their while being accused. If they are going to accuse you off something officially they have to do it in front of you and not send you minutes of a meeting that could be ficticious. You have to be in attendance with a witness. Thats one of the reasons why I cleaned a former employer out. They held a meeting accusing me without my presence to defend myself and they lacked actual physical proof. Sounds like they are trying their best to make you leave. Dude seriously go and get legal advice already. I hope you have for your sake. This would have been dealt with a long time ago if you got a solicitor involved.

bullpost

If it was me I would seek legal advise ASAP before you go to this meeting.

Jimdagym

+1 on legal advice. Dont set foot in there without it. Even if they throw out the claims, and reinstate you, you have a great arguement that they have made your position untenable, so you can sue for unfair dismissal even if they take you back. Being realistic, one way or another you are finished with this company. Get ready for the tribunal.

Jimdagym

Also, dont forget that to take you back, there 3 managers must admit they lied in the complaint, so i would not hold out for this one.

golden

+ get legal advise.

Just a thought by any chance do you have a fob id to let you through doors if so security or another department should have records of your movements throughout the building.

wmpdd3

God this really is unbelievable. What company has money for this?

Who is doing your duties while your away?

Have you been in touch with your pers?

How organized is the HR dept or is it a manager situation?

Sit down and write down all the facts you know for certain and get legal advice?

Is it possible they are waiting for some body to make a discision on it such as the owner area manager etc?

Steo46

Get in touch with the Department of Enterprise Trade and Employment. They will supply a legal team and go to court with you. I brought a former employer to court for something similar and won.

dlambirl

Good luck OP

loyatemu

sounds like an obvious case of constructive dismissal. Get a solicitor - you can't go back to this company at this stage regardless of what happens.

irishbrain

Thanks for the posts, I got legal advice before I went to the meeting.

I went in and he apologised for taking so long to get back to me. I told him my story was the same as before, the truth like. I also asked him some more questions such as why not seek CCTV as soon as they suspected something (they had no CCTV evidence) and he just said that they didn't think of it. I also suggested that some people have said this could be seen as a form of constructive dismissal. He said that nobody is out to get me and they just need to get to the bottom of it.

I advised him that I was taking legal advice to protect myself in case this did end up going through the courts.

I recorded the entire meeting on a voice recorder.

He said that the company will make a decision next week and I can decide what I want to do from there.

He was friendly throughout etc.

BostonB

Like others have said this whole story makes no sense.

Why make such a huge deal out of this, if they've no other problems with the employee, and no evidence. The cost far outweighs any benefits. Give the employee an unofficial warning, and then monitor them. Thats just common sense and practical.

Also its hard to misinterpret someone standing an office making a phone call. It happens everywhere. There has to more to this story, and it so unusual, suspending someone on pay over nothing that it would be easily identified to anyone involved in it, if they read this.

yarglags

These people sound like idiots. Instigating an action with no evidence. A minor infraction has become a very long paid suspension costing the company a lot more than the time they lost. If I were their boss I'd be asking some serious questions.

BostonB

Assuming the story is real and true. That said I've seen managment make stange illogical decisions before.

bullpost

I would make sure you come out of this with no breach of discipline against you, which could be used down the line .
Make sure they understand that you won't lie down and accept them messing you around and if possible get an apology. The punishment so far has far outstripped the crime (if any).

good luck with it.

IsThatSo?

OP, given that its a financial instution can you get the IBOA involved? No way they would stand for this kind of carry on, they will speak to your employers on your behalf and go into meetings with you etc.

Just to put this in context, because this whole situation is a farce from what I can see, people who smoke have to do so outside the building and therefore would have to leave the building for a few minutes to get their fix. What is the difference between that and making a phone call? Aside from that, everyone makes/takes personal calls at work, its part of life and one has to be contactable even while at work. Ok, rant over, just had to get it off my chest.

Regarding the long wait here, I suspect that is pure inefficiency on HR Depts part. If its one of the bigger instutions then your file just got buried on someones desk until they got around to it. No excuse though for such an important matter, imo.

Good luck, keep us posted.

the_syco

irishbrain wrote: »

I have to meet the employee relations officer tommorow at 11am. Remember, I have a 100% attendance record, clean employment history and most important of all.. I am innocent!

I've found that no-one gives a flying f**k. You have to remember it's what they can prove, not what's right or wrong. I found this out the good way.

And so far, it seems they can prove little, as you have not being fired.

irishbrain

Update:
I got a call today from the HR man. After considering everything (after 82 days) they have decided that I deliberately abused the flexi-time system on two days. This is based on 3 assistant managers saying they monitored me and a door swipe coming back in even though I already explained that I was out making some calls to my ill grandmother during this period. He said they are dismissing for what they believe to be gross misconduct and I will receive a letter on Monday. He informed me of my right to appeal.

I cannot believe it. I feel so hurt and victimised. I never tried to cheat anybody. I will be of course appealing and going to a tribunal. I will be contacting solicitor shortly.

tallaghtoutlaws

irishbrain wrote: »

Update:
I got a call today from the HR man. After considering everything (after 82 days) they have decided that I deliberately abused the flexi-time system on two days. This is based on 3 assistant managers saying they monitored me and a door swipe coming back in even though I already explained that I was out making some calls to my ill grandmother during this period. He said they are dismissing for what they believe to be gross misconduct and I will receive a letter on Monday. He informed me of my right to appeal.

I cannot believe it. I feel so hurt and victimised. I never tried to cheat anybody. I will be of course appealing and going to a tribunal. I will be contacting solicitor shortly.

I dont mean to sound smart or against you irishbrain but the first time they suspended you, you should have gotton legal advice straight away. Take it from me as I have been throught the labour courts. I know hindsight is wonderful thing but your next step should be to once again get the solicitor involved and most likely take them to the labour court. But take the letter and go to your solicitor.

irishbrain

I will do, thanks.

InReality

I'm sorry to hear that.

Keep the chin up and take the legal route.

Johnny Bitte

This story sounds insane but I have seen first hand what companies or managers will do to get rid of someone they deem a problem or unfit.

If I was you I would think hard about who might be out to get rid of you, speak with legal asap and start looking for another job now.