Employment Lawyers Can Answer Your Employment Law Questions
is there any more advice you can give?
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 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 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 may not drive in to work, the employer does have the contractual right to breathalyse you so unless you refused and were forced to do it against your will then they can use that against you. It does shoe that you may have been turning up to work intoxicated, even if you did not have to drive any vehicle – it is the simple fact you were drunk when in work and attempting to carry pout your duties, whatever these may be, that is the employer’s concern here.
So as mentioned you must allow the employer to conduct their investigation now and then see where they take this once it has been completed.
Hope this clarifies your position? If you could please let me know that would be great, thank you
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, not sure what happened with your response but it is unfortunately illegible, could you please try again, thanks
so what advise would you give in anaswering any questions, as it was a claea case, did fail the breath test clea
what advise would you give as the details are clear cut . I did fail the breath test
You obviously have to be honest and if the evidence is there in black and white then there is not much you can say. I cannot predict what questions the employer will ask you so I cannot tell you what answers to give but as mentioned you should be honest and show remorse, perhaps admit you may have a problem and ask them to help you rather than to just go and punish you without considering this first
Does this answer your query or can I clarify anything else ?
yes thank you
you are welcome, all the best
Thanks i will now select the stanadard of servive so i can close the job