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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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i am adistrict manager for a supermarket. I was supended from

Resolved Question:

i am adistrict manager for a supermarket. I was supended from work two weeks ago pending an investigation into my conduct. my line manager conducting the investigation and in his statement says I have lied to him causing an issue of mistrust and he thinks it would be difficult to trust me again managing people. this was presented to the disciplinary manager and a pack with this in sent to me. could this be termed as an influencing statement and pre judging an outcome as he is saying trust has broken down following his investigations but I haven't been invited to put my case yet
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

6 years as a district manager

Customer:

no previous warnings or disciplinarys

Customer:

and I was put forward for a senior manager assessment by the same line manager

Customer:

are you still there im not sure if I have lost you

Ben Jones :

At this stage this is just going to form part of the investigation. An outcome has not yet been reached and you will still be able to put forward your defence and your part of the story at any forthcoming disciplinary before a decision is made by the employer. It is not uncommon for opinions to be given as part of the investigation and this will generally form part of the factual documentation, which the disciplining officer will consider. A decision will then only be made once they have considered all the evidence, including your defence that you put forward at the hearing

Customer:

ok even though those opinions are based on his own interpretations of what he has heard, also the investigation is poor some store managers name witnesses but he hasn't attempted to interview those witnesses also two managers have stated I have sworn and shouted but no attempt has been done by the investigating officer to ask for times, dates facts and also issues from over a year and a half have been raised by store managers which surely cant be relevant.

Ben Jones :

the employer is obliged to conduct a reasonable investigation - that would depend from case to case and there is certainly no specific procedure that must be followed. For example it is not compulsory to interview witnesses but if those are available and they can shed further light on the allegations then it would be reasonable to approach them. If you believe that the investigation was not reasonable then you can raise this as part of your defence and also use it as an appeals point if you do not agree with the outcome of the disciplinary and wish to lodge an appeal

Customer:

the investigation also said I had given an incorrect instruction to store managers regarding time correction forms and this is an allegation but only two of five managers got the procedure wrong. also a complaint has been made into my behaviour as bullying but the person complaining said he always when asked said everything was great

Ben Jones :

I cannot comment on the specifics of the investigation because obviously I do not know what has actually happened and what is correct or not - this is really for the employer to decide on and all you can do is highlight any errors, omissions, etc and deal with this at the disciplinary, remembering you can also appeal after that if necessary

Customer:

thanks

Ben Jones :

you are welcome

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