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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44883
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspend sending a female work

Customer Question

I have been suspend for allegedrly sending a female work collegue an email following a previous complaint, I supposed to have no contract with her. The email is clearly spam, it was not from a uk account. My email address was metiond in the body of the email. What are my chance of clearly myself and preventing this from happening
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.
Apologies for not getting back to you sooner, I experienced some temporary technical issues as y laptop stopped working and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. First of all it is important to note that 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 in the investigation you should provide any copies of the email and make it clear that the contents are obviously not something you would have sent personally. You were not engaging in any conversation with her, making personal comments, etc. It is important to look at the contents carefully and point these issues out to the employer. Had you addressed her personally, made comments about her which were obviously from you and so on then that would be an issue but I assume none of this happened to really be firm that the contents clearly indicate this was spam. As to preventing this from happening in the past, that is a technical matter rather than a legal one so as a lawyer I cannot really tell you what you can do so it is best to seek advice from a computer specialist (we do have these on our website if needed so you can post a separate question for that). This is your basic legal position. I have more detailed advice for you in terms of the options you have should te employer take a formal decision against you, 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
Expert:  Ben Jones replied 9 months ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

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