Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?
nearly 17 years
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.
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 you are not guilty at this stage and the employer is only conducting an investigation – they may take it further or they may not. If they do, you will get full details of the allegations against you and the chance to defend yourself as necessary.
It as now been over 48 hours and I still havn't received any communication or notification as to the reason for the suspension.Should I have received some indication of what I am being accused of by now.
the law does not actually specify whether or when the employer should advise you of the reasons for the suspension. They need to keep you informed of the progress but there is nothing specific you can refer them to that states they must inform you within a specified time period of the reasons for suspension
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
I have just received a pack of the allegations and I am accused of dishonesty and fraud by allegedly changing the date and time of the e-mail I sent on Sunday by changing the date and time as IT are saying that I didn't send the e-mail until 8:08am on Monday morning.I am also accused of refusing to carry out a reasonable management instruction.I have been called to a disciplinary hearing on Tuesday afternoon.Were do I now stand in this situation.
what do you actually want to know about the above?
what my rights are because they are falsly accusing me of a crime which I clearly didn't do and I have worked for the company for so long and regularly work at home during the weekends and evening because I am dedicated to the company and always have been so why would I spend my own time completing this work and then not bother to send it.
well at this stage it is simply a matter of going to the investigation and discussing it with them, answering their questions and showing you are not guilty - remember you are not formally accused yet, this is just an investigation, these are the issues you are being investigated for but are not formally being charged with them and are certainly not guilty yet. You could complete the investigation and they could decide there was nothign to actually discipline you for and they can drop the matter
being charged with a disciplinary is not a defamation of character - if the employer has evidence they can go ahead and discipline, it is for you to then defend the allegations. Don't get concerned about slander/defamation/libel - this is not any of these and even if it was you are looking at over £10k to make a claim without any guarantee of success