Employment Lawyers Can Answer Your Employment Law Questions
I started on the 17/10/14
Hi sorry I was offline when you replied. First of all it is important to note that 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.
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.
In general, employees with under 2 years’ service do not have protection against any unfair suspension because they do not have the right to challenge this by resigning and claiming constructive dismissal. However, there are a few circumstances when the minimum service requirement does not apply, although it is not always easy to show that or pursue it.
You may have made a public disclosure but you need to show that the suspension was linked to that disclosure, and that may not be that easy to do with no evidence to back that up. It could be circumstantial that it happened so you would need to show there was a link. Similarly, with the race discrimination you need to show you are actually being treated like that because of you race or nationality.
You can raise a formal grievance with the employer over this but if you want to make a legal claim you would need to take it to the employment tribunal and unfortunately it means paying the tribunal fees to make the claims so you must be prepared for these expenses.
Hope this clarifies your position? If you could please let me know that would be great, thank you
I disagree with your answer
I know that 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.
However the manager has all the alleged evidence who is to say he does not tamper with it?
How does one prove "bullying for example" its done in private and there are seldom any witness I spoke to the deputy manager and other suprevisors and they all confirm that the manger has a very soft spot for this person as she does not even work weekends and this is NOT part of her employment. when someone says out load "f**k off foreigners" and you are the only one in the shop who falls under that category - who is he talking to - the new zealand mussels?
Is it therefor your opinion that I let it go take what ever comes sitting down and chalk it up to experence
or do I have a case?
You have stated what the law says - what I want is what I can do
Hi, you may disagree with my answer but having spent many years in employment law and dealing first hand with such issues I can assure you that what I have stated is the case. Often employees struggle to prove bullying if it is done behind closed doors or in private, they can try and gather evidence by keeping a diary or secretly recording conversations, in any event if you were to take this further it is for you to prove what happened and that you have a case, which at present will be difficult. So I am not saying that you cannot take it further, you can do but you will have to pay all the tribunal fees and convince the tribunal that you have a valid case, so at this stage it is rather risky, especially with your short length of service. It is not about agreeing or disagreeing with my answer - I have nothing to gain by giving you advice you may not like, but it is also about being realistic in the circumstances
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