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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My partner has been suspended from work over a false

Resolved Question:

Hello
My partner has been suspended from work over a false allegation and we need advice on how to proceed
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long has he or she worked there for?
Customer: replied 1 year ago.
She has worked there for almost 12 years
Customer: replied 1 year ago.
is there anyone there?
Expert:  Ben Jones replied 1 year ago.
Yes I am here, please bear with me though as I do have to type up my responses and I am also helping other customers from time to time. What is the allegation she is facing?
Customer: replied 1 year ago.
she is a deputy manager in a hight street shop. A new manager started about a month ago, two weeks ago an incedent happened where £1600 was not banked on a saturday evening. My partner noticed it missing the following monday and immediately reported it to her company. The area manager then came to the shop and asked the manager about the missing money and the manager told her she banked it on saturday. The area manager then told the manager that my partner seemed to thing that the money wasnt banked, the manager then told the area manager that my partner had made a mistake and that she would sort it out with the bank. Without getting into too much detail, my partner's day off was the following day, tuesday, it turns out that the banking that was supposed to have been done the previous saturday was actually done on the tueday after, my partners day off. The banking was done by another member of staff who was asked to to it by the manager on the tuesday morning. It not turns out that what looks like my partners signature is on the banking slip for this banking. It was obviously forged by the manager on the tuesday morning.It turns out that the manager used mondays takings to make up the banking for the previous saturday.The manager was suspened over a week ago, and the company investigated and decied that she had taken the money. However for some reason thy suspended my partner yesterday whilst they are continuing the investigation.
Customer: replied 1 year ago.
I am worried that the manager is trying to blame my partner for this theft and as said something whilst being interview to implicate her. We do not know what, if any allegation has been made so at the moment feel a little bit lost as whether or not we should be doing anything.
Someone has suggested that my partner should go to the police an report a crime to the fact that her signature has been forged on the bank slip.
Expert:  Ben Jones replied 1 year ago.
OK well 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. If they decide to take this further to a disciplinary then misconduct, such as the allegation here, is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time. In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure; and· Shows they had reasonable grounds to believe the employee was guilty. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken. If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal. In terms of the forgery aspect, she can report this to the police but they may not necessarily act on it, especially if there is not much evidence. So she has nothing to lose by doing that but it would not change her employment rights because any police investigation is separate to the employment one. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. 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.
Thanks for this. Is there anything we could or should be doing now or is it just a matter of waiting?
Expert:  Ben Jones replied 1 year ago.
Unless she can gather any evidence, then there is really nothing else apart from waiting to see where the employer takes this. s things progress you can refer to the above and see what rights she may have
Customer: replied 1 year ago.
OK thank you.
Expert:  Ben Jones replied 1 year ago.
You are welcome. 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
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