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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Sir, i have been suspended from my job on thursday according

Resolved Question:

hello sir, i have been suspended from my job on thursday according to the allegation made by my manager are as follows;Inappropriate behaviourtowards colleagues and line manager at work.Insubbordination not following line manager reasonable request.please what do i do.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Edited, please ignore
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you please let me know how long you have worked there for?
Customer: replied 1 year ago.
I have been working there for nearly 17 years
Customer: replied 1 year ago.
Iam a team leader in the company ,where we work in the kitchen with others staffs to produce baguettes for the front unit to sell.the work loads has increased considerably ,but the amount of staffs has remain the same.and the manager want perfection all the time,always the same excuse you been herefor long we are a company that net profit per week exceed more than 50thousands pounds.there are always staffs that will lack behind and ,when i do complain to the manager,it fell on deaf ear.so when i put my feet down on the staffs they went and complain about inappropriate behaviour to the manager.so when the manager came the last time to tell me off ,why the production is slow ,we have an arguments.i did tell him what is causing the problem .he didnot want to hear tellin me to sort it out myseif Isay no ,you have to talk to the staffs yourself.the staffs do no listen to me anymore because anything that goes wrong the manager always pull me out and tell me off.the staffs knows very well that what will happen to me not themhe then accuse me of inappropriate behaviour toward him please help me i do not want to loose my job after all these years without a job i will loosemy house which is on mortgage.thanks .
Expert:  Ben Jones replied 1 year ago.
Thank you. 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. What you have to your advantage here is your length of service. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. With 17 years behind you it would take something very serious to dismiss you. They mays till try and do that, they cannot be stopped if they wanted to but it does can you can challenge it if necessary. This is your basic legal position. I have more detailed advice for you in terms of the rights you have if you are dismissed and how you can challenge that, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. In the event of dismissal, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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