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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended from my post as a manager of a care

Customer Question

I have been suspended from my post as a manager of a care home. I am not aware at this stage (2 days into suspension)of the reasons for suspension or allegations against me.
I am approx. 30 days away from meeting the time deadline for my first years bonus.
Which I have met all the conditions to receive. Therefore I am naturally wondering if they will be trying to find a way out of having to pay me my bonus owed.
I am also unsure as to whether they are allowed to suspend me without at least informing me of what I am being accused of.
Submitted: 1 year ago.
Category: Employment Law
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.

Expert:  Ben Jones replied 1 year ago.

So have you worked there for almost 1 year?

Customer: replied 1 year ago.
I was employed on the 29th June 2015. 6 month probationary period went by without an issue. First appraisal was positive and lots of texts from my line manager and emails stating how well she and the directors felt I was doing.
I raised some concerns with my direct line manager over her lying to my staff which I had caught her doing several times and stated that it was not something I was comfortable with.
then as I say this idiocy then starts
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Expert:  Ben Jones replied 1 year ago.

Thanks for your patience. The first thing to note is 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.

One issue is that with less than 2 years’ service your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.

So they could dismiss you quite easily before the deadline for the bonus but if this was based on performance over the past year, which you have satisfied, then you could try and argue that it should still be payable as it was so close. There are some principles regarding that which I can discuss with you further.

This is your basic legal position. I have more detailed advice for you in terms of the law on bonuses and how you can use those to your advantage here, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year 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 1 year 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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