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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have been suspended from my job yesterday, without warning

Customer Question

I have been suspended from my job yesterday, without warning and when I asked what the allegation made against me was they said they couldn't tell me. I have not yet had in writing that I am be suspended or why.
I have been asked to attend an in formal meeting on Thursday, my Dad has offered t come with me and take his own notes.
They have also told me I will be given the letter on Thursday.
I have no time to prepare for this meeting as I don't know what I am supposed to have done, all I know is an allegation has been made.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.

taratill :

Hello my name is Jenny and I am happy to help you today. How long have you worked there for?

JACUSTOMER-lx27x59c- :

1 year

taratill :

Do you believe you are being discriminated against in any way on the basis of your sex, age, race, religion, disability, pregnancy or for raising a health and safety or other complaint?

JACUSTOMER-lx27x59c- :

No.

taratill :

Ok thanks, you are entitled to raise a grievance about the fact that you have not been able to prepare for the meeting as that is unreasonable.

taratill :

The main difficulty for you though is that in the UK there is no right to claim unfair dismissal , i.e. for the manner of dismissal in the first two years of employment.

taratill :

This means that, in effect, you can be dismissed for any reason at any time in the first two years provided you are not being discriminated against for one of the resaons I have mentioned above.

taratill :

If there is no evidence of gross misconduct and a proper procedure is not followed then you would have the right to claim wrongful dismissal, which is in effect, notice pay and also for a payment in lieu of outstanding accrued holiday pay.

JACUSTOMER-lx27x59c- :

What about the fact they wouldn't tell me exactly what I have been accused of when I asked, and the fact I'm not being told this until I'm in the meeting, which I also when I am getting e letter telling me I am being suspended.

taratill :

Hi it is clearly not a nice way to be treated which is why I have suggested you raise a grievance. The problem is though that UK law does not protect those with less than 2 years service from unfair dismissal, so if ultimately you are dismissed you will not be able to claim unfair dismissal. I am sorry that this is the case, it is a major weakness of UK law. Hopefully if you raise a grievance you employer will give you the appropriate information and follow a fair procedure.

taratill :

I need to pop into a meeting now for ten minutes. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer.

JACUSTOMER-lx27x59c- :

Ok, thank you

taratill :

Hi can I ask why you have rated my answer poor. Is it because I have given you bad news in that legally you are not protected? Is there anything else I can help you with?

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