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Suspended without pay??

  • 23-02-2014 3:12am
    #1
    Karlrove
    Registered Users, Registered Users 2 Posts: 262 ✭✭


    A close friend was suspended from her job last week. She works in finance and they came to her as she's a manager and asked about some things related to it. She knew nothing about it and told them so. They then suspended her with immediate effect with a 4 line letter without pay and said there would be an investigation into the irregularities. These kinds of investigations can take months according to my friend.

    So, are the company acting within the law? It seems to me they have presumed guilt even though no investigation has taken place. She has asked for a copy of her contract and is getting legal advice. Would anyone recommend a very good solicitor as she is concerned that the company are gathering details to potentially send to the DPP. In my opinion, the company did not properly de brief her after 20years with the company and gave her a very shabby letter for suspension and couldn't give her answers about non pay. As you can imagine she was upset and shocked during this meeting and didn't have time to ask other important questions.

    Any help,advice or recommendations for solicitors who can deal with big companies much appreciated.

    Karl


Comments

  • #2
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Get on to an employment solicitor asap. I'm afraid legal advice and solicitor recomendations are not permitted afaik. If you want big company experiance try a big firm.


  • #3
    bardcom
    Registered Users, Registered Users 2 Posts: 290 ✭✭bardcom


    http://thepeninsulairelandblog.wordpress.com/2012/05/31/suspending-an-employee-what-you-need-to-know/


  • #4
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Normally it is suspension with pay while an investigation is performed.

    If your friend is potentially going to be without pay for months, should she resign and then pursue a constructive dismissal?


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    No Pants wrote: »
    Normally it is suspension with pay while an investigation is performed.

    If your friend is potentially going to be without pay for months, should she resign and then pursue a constructive dismissal?

    Hence why the giving of advice is prohibited on this forum.


  • #6
    blueythebear
    Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    No Pants wrote: »
    Normally it is suspension with pay while an investigation is performed.

    If your friend is potentially going to be without pay for months, should she resign and then pursue a constructive dismissal?

    It could be a case that the employer are trying to make her resign or it could be a case that the employer is genuinely carrying out an investigation.

    Only upon hearing the full facts could anyone give a valid informed opinion. This would be the time to go and see a solicitor before the worst has happened.


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  • #7
    No Pants
    Closed Accounts Posts: 3,347 ✭✭✭No Pants


    blueythebear wrote: »
    the employer is genuinely carrying out an investigation.

    Only upon hearing the full facts could anyone give a valid informed opinion.
    In which case, why stop pay?


  • #8
    CIARAN_BOYLE
    Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    If suspended without pay during an investigation I'm fairly sure back pay has to be paid if the investigation doesn't show anything up.


  • #9
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    Surely suspension without pay isn't right.

    By witholding pay, does this not infer that the person is guilty of something? Innocent until proven guilty and all that.


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #11
    BattleCorp
    Registered Users, Registered Users 2 Posts: 11,790 ✭✭✭✭BattleCorp


    Fred Swanson wrote: »
    This post has been deleted.


    I have seen cases of suspension without pay as punishment for a wrongdoing in work where both parties accept this as punishment.

    I have never seen it happen though before an investigation has taken place.


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  • #12
    smcgiff
    Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    BattleCorp wrote: »

    I have never seen it happen though before an investigation has taken place.

    If a company discusses potential involvement of the DPP, it would seem logical that there would have to have been some investigation.

    I would imagine IF a company are virtually certain they can prove financial wrong doing then they will feel in the right to refrain from further financial loss.


  • #13
    nuac
    Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    smcgiff wrote: »
    If a company discusses potential involvement of the DPP, it would seem logical that there would have to have been some investigation.

    I would imagine IF a company are virtually certain they can prove financial wrong doing then they will feel in the right to refrain from further financial loss.

    N ormally if a crime is suspected the report is made to AGS, not direct to DPP


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