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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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I was suspended from work on Thursday pending a investigation.

Resolved Question:

I was suspended from work on Thursday pending a investigation. In feb I was arrested on a personal issue and bailed for 6 months why thy carried out further investigations nothing to do with my day a completely off site issue. The police rang my work and advised them of this can they do this the issue is not work related and I have done nothing wrong at work. I have been advised I cannot talk to anyone and now I'm completely feeling isolated and alone. If I go to doctors can I get a sick note for stress because of what y work has done to me
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you please tell me how long you have been with your employer
Customer: replied 2 years ago.
Since 2006
Expert:  Ben Jones replied 2 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 2 years ago.
Sick pay at my work is 6 months full pay where do I stand on suspension if I get sick note for work related stress as I was doing normal duties
Expert:  Ben Jones replied 2 years ago.
Thank you for your patience. 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.

Whilst you can get signed off sick, that would not automatically avoid this going any further if the employer believes there are valid reason to take this to a disciplinary, although as mentioned there is of course no guarantee that it would go that far. You can go off sick if you can genuinely be signed off, you will then be entitled to receive any sick pay you are entitled to under contract but if the employer wants to take disciplinary action they can just postpone it until you feel well enough to return. That will put a temporary hold on matters but eventually you will have to deal with any further action the employer may wish to take but time will tell if they are actually going to go that far and they could drop the matter at the investigatory stage.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
The police are still investigating and there has been no decision to prosecute how can a employer suspend pending action if the police haven't decided
Expert:  Ben Jones replied 2 years ago.
The two are completely separate matters I am afraid - the employer is not bound by the police decisions and they do not have to wait for prosecution or a formal conviction to discipline you if they have conducted their own investigation and believe there re reasons to discipline
Customer: replied 2 years ago.
I must be missing be something or not understanding my employer has suspended me based on a personal matter which happened off site and nothing to do with work or my employment
Expert:  Ben Jones replied 2 years ago.
Issues outside of work or not linked to your employment can prompt an employer to investigate, for example something that affects your integrity or they could see if it affects your ability to do your job – however as mentioned above, being suspended is in no way an indication of guilt so do not think that because the employer has done so you are guilty of something
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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