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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47907
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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About a month ago I filed a formal complaint with my boss

Customer Question

Hi about a month ago I filed a formal complaint with my boss as I felt I was being verbally abused by a colleague ,I have been at this firm for 14 years with no problems . They have held an internal investigation and the outcome was presented to me on Friday ,, there was no evidence of the complaint I had made , today at 5.30 I was suspened on pay til Friday .im at a loss as to what is going on .please can you help
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. What was the reason for suspension?
Customer: replied 1 year ago.
Not really sure ,was told while they look into it more ,but as far as I was told after the meeting last week ,then letter on Friday there was nothing more happening , til tonight which has complete shook me
Expert:  Ben Jones replied 1 year ago.
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. So do not panic just yet – you should ask the employer for the reasons behind their decision and see where they take this. Hopefully nothing will come out of it and you will be allowed to return eventually but if not and they discipline you, you will also get the chance to formally defend yourself. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thank you ,, it was very unclear , as I was leaving work ,my manager just told me ,I have nothing in writing and told til Friday ,do I just go to work Friday ,I'm at a loss can I lose my job just for making a complaint ,that they say isn't there
Expert:  Ben Jones replied 1 year ago.
You can only really be dismissed for gross misconduct in the circumstances and I do not see any evidence of that. You cannot just be dismissed for gross misconduct and if they try that then you are protected against unfair dismissal so can challenge their decision if necessary.
Customer: replied 1 year ago.
Thank you so much . One last question ,what does gross misconduct consist of .
Expert:  Ben Jones replied 1 year ago.
Sorry I lost my connection last night. Gross misconduct is very serious misconduct, serious enough to warrant instant dismissal. So things like theft, dishonesty, violence at work, refusing to follow instructions etc. If you were the victim here and made a complaint about it I don't see how it would amount to gross misconduct in any way.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you