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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i have been suspended from my job, pending an investigation,

Customer Question

i have been suspended from my job, pending an investigation, but i have not been told the reason for my suspension, is my employer within they're rights to do this?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

Customer:

ive have worked there since november 2008

Expert:  Ben Jones replied 4 years ago.
Thank you very much for your patience. 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.

As to your specific query there is no legal requirement to inform you of the reasons for the suspension when you are suspended and the employer can be somewhat vague at this stage, especially if telling you may prejudice their investigation. However, if this was to proceed to a formal disciplinary hearing you will have the legal right to be informed of the specific allegations against you before you attend the hearing.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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Customer: replied 4 years ago.

For Ben jones


 


i have recieved a letter from my employers officially telling me that i'm suspended from duty. they have told me that the investigation is in reference to an incident that occurred on the 24th of may 2013, however, i was not on duty at my place of work on this date. what i suspect has happened is that this is an error on they're part, but it is an official headed letter, that has been signed by my head of department. does this nullify the investigation? given that they are referring to a time when i wasn't on duty?

Expert:  Ben Jones replied 4 years ago.
Hello Matthew, this does not nullify the investigation because this has not yet taken place. this is the whole reason for an investigation - it allows the employer to gather further details on the allegations and if it then transpires that there has been an error or that there is no evidence that you were guilty of anything they should consider dropping the allegations.
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

for ben jones


in the letter they have sent me, i suspect they have actually mixed up the dates and put the incorrcet date on the letter, this is in regards to date when the incident that led to my suspension ocurred, does that mean that when the investigation meeting happens, they can only ask me about the date thay have stated on the letter? which is a date that i wasn't even on duty.

Expert:  Ben Jones replied 4 years ago.
No, unfortunately it does not mean that at all. If this was a simple error then they can just say that at the investigation and proceed to question you about the correct date, it does not mean that the investigation cannot proceed as a result
Customer: replied 4 years ago.

for ben jones


when i was suspended from duty, i suspect that my employers have not suspended me in the correct way in regards to they're own policies and procedures, i believe there should be a witness present, and there was not, would i be able to ask my employers if i could see the policies and procedures of the hotel on the subject of disciplinerys to confirm wether this is the case, and are they obliged to give me this information, and if they have not followed they own procedure properly, would this have any bearing on they're investigation?

Expert:  Ben Jones replied 4 years ago.
yes you have the right to see the policies that apply to you to check if the employer has followed them. These are documents that should be available to all employees to which they apply. If they have not followed them then it would be something you can raise with them and use in any subsequent appeal you may be making in relation to this