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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48176
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I need some advice about a gross

Customer Question

I need some advice about a gross misconduct case being made against me. i have been suspended from work, I wish to know how long this can take and what is classed as gross misconduct. I have not been given any details of what the allegation is and was escorted from my work premises in front of several other members of staff, which I found most embarressing. whilst I have had problems before I have never been given an formal written warning.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you been working there for?
Customer: replied 4 years ago.

Hi I have been there 9 years

Customer: replied 4 years ago.

For Ben Jones

I have worked there 9 years

Expert:  Ben Jones replied 4 years ago.
Being placed on suspension is not necessarily an indication of guilt and there is certainly no guarantee that this will go any further. Under employment law, an employer has a duty to conduct an investigation before taking formal disciplinary action and suspension is primarily used as a precautionary measure whilst that is taking place. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.

Nevertheless, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is however acceptable to be suspended if there is an allegation of gross misconduct or if the presence of the employee in the workplace could potentially damage any investigation or have some other negative impact.

If the employer’s investigation collects enough evidence to justify disciplinary action only then should they consider going down that route. If that does happen the employee has the right to be informed in advance of the allegations against them and will get the opportunity to formally defend them at the disciplinary hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop the issue and allow the employee to return to work as normal.

So at this stage it is very much a matter of waiting to see where the employer takes this, initially they will investigate it and then decide if you have to go through a disciplinary.

As to what amounts to gross misconduct there is an unlimited list of examples and it will defend on the specific job,the industry, any rules the employer has in place, etc. At this stage the is no point in guessing what it could be as that will become clear if this goes ahead to the disciplinary stage.
Customer: replied 4 years ago.

For Ben Jones.

Sorry but donot feel you have answered my question regarding not having recieved ant written warnings prior to this allegation, surely I should be waned prior to this action going to gross misconduct

Expert:  Ben Jones replied 4 years ago.
No,that is not necessary I'm afraid. If something amounts to gross misconduct then you can go to dismissal straight away, even if you have a clean disciplinary record. Gross misconduct is an offence serious enough to justify instant dismissal.
Customer: replied 4 years ago.

for ben jones

Thanks for advice but I require a refund of my deposit as have not found out any thing I didnot already know

Expert:  Ben Jones replied 4 years ago.
Ok not sure what else you need as your questions have been answered and you have not asked any follow up queries
Customer: replied 4 years ago.

For Ben Jones

Please confirm my deposit will be refunded asap

Thank you