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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am an employed compliance director and have had to put in

Resolved Question:

I am an employed compliance director and have had to put in a grievance for bullying and harassment against my MD and his Sales Manager brother. The company response is to put me on 'gardening leave' while they investigate the grievance. However the Subject of the grievance has not been suspended or put on gardening leave. Is this correct practice?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
I've worked with company for 14 years since 2001 and as a Director since 2004
Expert:  Ben Jones replied 1 year ago.
Are you being as normal during this period?
Customer: replied 1 year ago.
I imagine so. That has not been made clear. However I am more concerned that I am the person who has been harassed and bulled for 6 months and I am the person who is being disadvantaged and further humiliated. Shouldn't the subject of the bullying complaint be at least under the same 'gardening leave' dictate while the grievance is investigated?
Customer: replied 1 year ago.
Hello I have been waiting for a response for some time now. Not sure if you missed my last reply?
Customer: replied 1 year ago.
I'm really sorry but as I have had no response for some time can you confirm the line is still open?
Customer: replied 1 year ago.
Can you please confirm the line is still open please?
Customer: replied 1 year ago.
I'm really annoyed now. Please at least respond to me either by email or text or I require my £32 back please
Customer: replied 1 year ago.
Please contact me by text as having waited for over an hour I have to out. If you do not respond I will have no option than to file a complaint against you online
Expert:  Ben Jones replied 1 year ago.
Hello I am very sorry for the delay, my laptop crashed earlier and have just managed to find a replacement. Hopefully this response will find you in good time.
What the employer has done is rather unusual and not exactly correct. To be placed on garden leave would only really occur when you are serving your notice period and the employer would not want you to take further part in the business, for example because of influence on clients etc. So they may place you on garden leave and pay you as normal, just not requiring you to undertake any work. It is however not something to be used to remove someone from the business whilst a complaint is being investigated.
To do this the employer would need to suspend an employee but that would generally be the person against whom the complaint has been made. 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.
However it should not be you, as the person who made the complaint, that should be suspended. That is not what suspension is to be used for. So in the circumstances you have the right to challenge the employer and make a complaint if necessary, such as by raising a grievance.
Hope this clarifies your position and apologies again for the delay.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46213
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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