How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Recently the opportunity for VR came up with my employer, which

Resolved Question:

Recently the opportunity for VR came up with my employer, which I requested. Whilst awaiting a decision on this, I am been investigated for gross misconduct, for bringing the company name into disrepute and my application for VR has been suspended pending an investigation. Can they do this? By the way the reason for the accusation, is that I told a client of the company, who I look after that I was requesting VR.
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 have you worked there for?

Customer:

I have worked there for 8 years with an unblemished record.

Ben Jones :

Were you told to keep such information confidential?

Customer:

No, I work for Barclays, the redundancies are in the Public Domain and was not told by anyone to keep it quiet, they are saying that as I discussed operational stuff, such as potential branch closures etc.

Ben Jones :

ok let me get my response ready please

Customer:

Ben, my question is can they suspend my VR application whilst been investigated for gross misconduct? surely that is saying I am culpable before an investigation has taken place. all other employees who requested VR have now been accepted.

Ben Jones :

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. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.


 


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.


 


In terms of the VR process, even if you were not suspended, the employer could have started or stopped the process at any stage and for any reason – just because they are considering your application does not mean you are guaranteed to proceed with it until a final decision is made. So do not see it as a punishment yet, they could just re-start the process once it has been decided no action would be taken against you. It is again just a precautionary measure whilst this process concludes.

Customer:

Thanks Ben. I am currently off sick with work related stress and have attended an independent doctor to see if I am fit to attend a disciplinary investigation hearing, should I not be fit to attend then my union are going to try and fight to get my VR. I have received nothing in writing from my management and it has been two weeks now. I know they can investigate in my absence, but the union says they have to be very careful on this due to the nature of my illness, as I have had an ongoing illness for the last 12 months and am under the care of occupational health, is this something you would agree is in my favour?

Ben Jones :

they can investigate in your absence but need to be careful you are not prejudiced as a result. It would be more important if they tried to hold a disciplinary in your absence when you were signed off sick. If I was advising them I would state they should try and delay any part of the process until you are well enough to come back or at least try their best to gather all information they can in the circumstances

Customer:

I asked that they provide all the evidence to my union rep in my absence and they refused saying he may pass the information to me. Can they do that?

Ben Jones :

The evidence only needs to be disclosed to you if you are facing a formal disciplinary, until then there is no formal requirement to disclose evidence as they are still investigating

Customer:

Oh man they are playing hardball with me. I will await the outcome of the doctors decision I guess and hopefully the union can sort it out. Its a very lame excuse for gross misconduct! Maybe I will be better of going in and facing the music!

Ben Jones :

I agree it is, they may just be trying to avoid paying you redundancy and finding a reason to dismiss you without having to pay you anything...it will all depend on the investigation and the disciplinary, the evidence and so on..if it gets that far

Customer:

Yeah those are my thoughts too. Thanks for your assistance Ben.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46184
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions