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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44894
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I did not officialy start my shift till 10pm but was suspended

Customer Question

I did not officialy start my shift till 10pm but was suspended at 840pm. I was questioned 4 going 4 a cigarette when I shouldn't I admitted I did but told them I was under stress due to personal circumstances. I was not told if I will b getting paid or not. Is this correct
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.
Hello how long have you worked there for?
Customer: replied 9 months ago.
6 years
Expert:  Ben Jones replied 9 months ago.
Is there a policy on smoking which you breached? If so, what exactly did you breach?
Customer: replied 9 months ago.
Yes I opened the door whilst the shop was locked and broke the smoking policy
Expert:  Ben Jones replied 9 months ago.
What are your specific concerns about the employer's actions?
Customer: replied 9 months ago.
I got suspended before my shift started and was under the impression that you should be suspended when your shift starts, would this be correct
Expert:  Ben Jones replied 9 months ago.
No it is not, you can be suspended at any time, even if you are not at work or on the premises. In your example, you could be suspended before your shift starts and be advised that you will not be expected to start your shift later on. So the timing of the suspension is not really an issue. Also, 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. The period of suspension should be paid, unless your contract says that you can be suspended without pay. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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
Expert:  Ben Jones replied 9 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 9 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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