can my employer change the reason for suspension half way through the investigation?

[Carl Harrison]

I was suspended for theft, this has since been proven wrong as the money was sitting in their account. Can the company continue with the same investigation changing the allegation from theft to misappropriation of company money. I also had a grievance against the loss and audit team prior to the investigation. The grievance has still not been sorted out yet the same loss and audit team did the interview for the case against me. This is a big company with numerous people who could have carried out the interview. I was also threatened if i did not attend the disciplinary they would go ahead without me.Also threatened if i was found guilty of gross misconduct then i would not be paid my suspension which i have asked for clarification due to it saying in my contract i would be paid whilst suspended. I believe i am waiting on possibly the most important facts in the case from the police but the company has said they are going to go ahead without this. Please help and advise me. I already have ACAS looking into the case. This has been going on for 55 days.

 

[Lydia]

wow, there seems to be a lot wrong with this matter. I am not a lawyer so I am just writing to you to keep you motivated to get this resolved. Do you have an employment contract? If so dig it out and read it thoroughly, there should be something about grievance procedures. Did you follow your employer's procedure for raising a grievance? If so then that is very good. If you have not done so please sit down and do it right away.
I think at this stage you should go to your Citizens' Advice Bureau where you will receive free legal advice. I would also strongly advise to keep a record of everything that happens on a daily basis. You could also now take this a level higher within your organisation, that may be the HR/Personnel Manager or a senior operations manager etc., someone higher up in the organisation needs to hear about this.
If all fails you can go to www.contactlaw.co.uk who will assess (free of charge) whether you have a legal claim for unfair dismissal etc. (I have used them myself, you get some very brief legal advice for free but if you wan to engage a lawyer you will have to pay their fees, you can also negotiate a fixed fee).

I have read that if someone is pushing you out of the company, bullying you into resigning, it can also be regarded as unfair dismissal.

There is plenty of info about that on the Internet for example
- http://www.ehow.com/how_2046913_respond-false-accusations.html
- http://www.justanswer.com/

Please note that I am in the UK and this reply is assuming your are in the UK and not in the US.