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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been suspended from work over alleged misconduct 10

Resolved Question:

I have been suspended from work over alleged misconduct 10 months ago in the workplace can the alleged misconduct be reported so long after
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for and has the employer stated the reason for the delay?

Customer:

I have worked for aps for 10 years and no reason for the delay

taratill :

what does the allegation concern?

Customer:

alleged misconduct namely a physical attack

taratill :

Ok, if they have allowed you to work 10 months since the incident occured then they will struggle to show that the conduct is so serious that they should treat it as gross misconduct and terminate your employment.

taratill :

In the event you are dismissed I would strongly suggest you appeal and claim unfair dimsissal.

taratill :

You can also raise a grievance at this stage if you wish.

taratill :

If you have any further questions about this please do ask.

Customer:

I was suspended for one week when I returned to work I was suspended for another week as they had been unable to conclude the investigation in to the alleged misconduct

taratill :

Well I think that the significant thing is that you have been alllowed to work for so long without them invesitgating. I would suggest you raise a grieavnce.

Customer:

can the person wait 10 months before making the complaint

taratill :

If they do then the employer should take this into consdieration when deciding the appropriate action to take.

Customer:

the person did wait 10 months to complain that's why I have been suspended

taratill :

Hi I would suggest you raise a grievance about this. the person can complain at any stage but the employer should be investigating the reason the employee left it so long and query whether it is a credible complaint given the time that has elapsed.

Customer:

thank you Robert m Burt

taratill :

No problem Robert. I hope you can resolve this. Please do remember to rate my answer and do come back to me in the future if you need to.

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