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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6104
Experience:  10 Years of experience in Employment Law and HR
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Hi Jenny I was suspended yesterday for not being a team

Resolved Question:

Hi Jenny

I was suspended yesterday for not being a team player even tho I have worked for the company for 9 years and assumed many roles around it , I fill in for everyone at a drop of the hat.
there has been changes in the company and the new head has taken away a lot of my roles which he has never told me directly but thro 3rd parties, I was working my daily role when the switchboard operator came in and said I don't know if u are aware but uve got to cover my lunches, no one from management had asked me and I was doing my own job helping out a department with another and I refused, I said get the head to ask me direct , he is always abrupt with me and the rest of the staff and I feel is actually bullying me as my role in the firm is being made smaller and smaller ( the last head of dept actually told me that the new head said to sack me , but he wouldn't as he realised it was me that kept the dept going) he came to my office and was extremely rude wen he spoke to me and I said I wasn't answering the phones as I didn't know what my role now was in the company, he said lets have a meeting and I will discuss your role , I said thank you I look forward to it and then 3 minutes later suspended me for not being a team player , he then put in my suspension letter that I was suspended for not following instruction from a senior staff member, I refuted the reason and said I didn't realise the switchboard operator was now elevated to management and that was not the reason I was suspended but in front of witnesses was because I wasn't a team player, should he have suspended me before we had the meeting he offered?

regards Sara
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 2 years ago.
Hi Sara, have you now been invited to a disciplinary hearing?
Customer: replied 2 years ago.
Not yet in the email response I got yesterday it said I will be invited to a meeting , my question is really that he asked me to a meeting to discuss my roles in the company which have never been discussed before which it agreed to then in the next breath suspended me for not being a team player before we had the meeting he offered me
Expert:  Jenny McKenzie replied 2 years ago.
Hi I am just traveling to the office I will get back to you just after 9am. Thanks.
Expert:  Jenny McKenzie replied 2 years ago.
Hello there, there is no need for an employer to follow any formal process prior to suspending you. This means that there was nothing to prevent the employer from suspending you at a meeting that was called for an entirely different reason.

This does not mean that it is reasonable for you to suspended and disciplined in the first place (which is why I was asking the additional questions).

Potentially insubbordination or failure to follow a management order could amount to gross misconduct. However the employer would have to show that it is a reasonable management instruction and that you are warned that it will be taken seriously if you do not comply. It does not seem that this is the case if the instruction was not given by a manager in the first place and was unclear.

You can submit a grievance about the fact of your suspension. If your employment is terminated as a result of this you should resign and unfair dismissal.

If you have any further questions please do ask. If I have answered your question I would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Jenny McKenzie,
Satisfied Customers: 6104
Experience: 10 Years of experience in Employment Law and HR
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