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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son had an accident at work with a nail gun which resulted

Resolved Question:

My son had an accident at work with a nail gun which resulted in a nail being impaled in his knuckle. He has been signed off work for 1 week by a doctor. He informed his employer today that he would return to work on Monday but his employer has said is suspended on full pay until further notice under Riddor. Is this legal or are they trying to get rid of him?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long has he worked there?

Customer:

4.5 yrs

Ben Jones :

OK, thank you, XXXXX XXXXX this with me - I will look into this for you, get my response ready and get back to you on here. No need to wait around and you will get an email when I have responded, thank you

Customer:

How are you going to do that when I haven't supplied an email address

Ben Jones :

Hi, sorry the system usually asks for an email address - I do not ask for one myself and once I post a response it is the system that would notify the customer - whether you have left an email I wouldn't know, but just saying it is the normal process.

Ben Jones :

RIDDOR is a piece of legislation that provides for the mandatory reporting of certain accidents or injuries that have occurred in the workplace. However, it does not state that an employee involved in an incident must be suspended from work – this is still a decision which only the employer can take, for example if they believe that the employee had breached rules or policies in the process, which would really be a potential disciplinary matter.


 


Being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee.


 


Any period of suspension should be as short as possible and reviewed on a regular basis. A knee-jerk decision to suspend, without considering whether this is actually necessary, or if it could be avoided, could result in the employer acting in breach of the implied term of trust and confidence. This could prompt the employee to complain to the employer, such as by raising a grievance.


 


During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.


 


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


 


So at this stage it is too early to be concerned as once the investigation completes the employer could find nothing to incriminate your son and he should be allowed to return to work as normal.

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Customer:

Hi. Thank you for your help. That has helped me stop stressing. He is going to pop into CAB on Monday.

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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