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cityguru
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13323
Experience:  Senior lawyer with 30 years experience
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i was suspended from my job for almost three moths with no

Customer Question

i was suspended from my job for almost three moths with no pay and no letter, when i ask what i was suspended for they said neglect anything else last time i cal him and he said i have send letter for you but anything,please can you help me
Submitted: 3 years ago.
Category: Employment Law
Expert:  cityguru replied 3 years ago.
If you have been suspended form work without pay for 3 months then that amounts to constructive dismissal. An employed cannot act like that regardless of the cause. You should write saying they are in breach of contract in not paying you and if they do not pay you and reinstate you within 7 days you will bring a claim for unfair dismissal and wrongful withholding of wages.
cityguru, Solicitor
Category: Employment Law
Satisfied Customers: 13323
Experience: Senior lawyer with 30 years experience
cityguru and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

If they do reinstate me, and I start working again, will I still be able to receive the justice that I rightfully deserve? e.g. for not informing me of why I was suspended and for withholding my wages

Expert:  cityguru replied 3 years ago.
If they reinstate you, you will be entitled to claim the lost wages certainly. You will not be entitled to any other compensation if you are reinstated.

Customer: replied 3 years ago.

I am required to attend a disciplinary hearing to discuss my alleged misconduct. During the hearing I will be given a opportunity to respond to the allegations set out and present any additional evidence that I think is relevant to the case. The hearing will then be adjourned to consider the facts presented an to determine whether or not disciplinary action should be taken against me. The branch manager will be chairing the hearing, and must point out that if the allegations are found to be true my employment with the company may be terminated on the grounds of gross misconduct in accordance with the disciplinary and the capability and policy procedure. what would you advise me to do in this situation and how should a defend myself against the allegations put against me?

Expert:  cityguru replied 3 years ago.
I would not go but to write that by suspending you without pay for they have unfairly dismissed you and you intend to bring a claim but you will need to do this straight away.

if you prefer to attend then take a colleague with you if you can. But make sure they have put the allegations to you clearly in advance so that you know clearly what they are and what your answer is
Customer: replied 3 years ago.

other than a colleague am I allowed to take anybody else like my solicitor or a friend with me to the hearing?

Expert:  cityguru replied 3 years ago.
No I am afraid not. You have no right to bring a solicitor only a work colleague or a trade union representative
Customer: replied 3 years ago.

if they decide that I should be given a disciplinary, which would be shown in my file,does that mean that I would have a bad record?

Expert:  cityguru replied 3 years ago.
Yes but any warning should lapse after a period of time usually a year
Customer: replied 3 years ago.

I went to the hearing yesterday and they decided to give me a final warning for 1 year, and it seems strange that they called it "a final warning"because this is my first warning. Can I appeal against it?

Expert:  cityguru replied 3 years ago.
If the offence was serious enough then they can give you a final warning - this means that if there is any repeat you will be dismissed. It is the most serious penalty really short of dismissal. You can of course appeal if you wish and if you think there is a realistic prospect of getting the penalty reduced.

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