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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47887
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspened from work since past 2 weeks on friday

Customer Question

i have been suspened from work since past 2 weeks on friday i went for an investigation meeting.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello how long have you worked there for?

Customer: replied 1 year ago.
1 1/2 years
Customer: replied 1 year ago.
i have employed in the care company for 1 1/2 years.
Customer: replied 1 year ago.
are you there
Expert:  Ben Jones replied 1 year ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

Have you been suspended with pay and also what specific queries do you have about this please?

Expert:  Ben Jones replied 1 year ago.

Have you been suspended with pay and also what specific queries do you have about this please?

Customer: replied 1 year ago.
hello Ben, sorry i went offline yesterday as i was waiting for you.
I dont know as i am on a zero hour contract and not sure if been paid for being suspended.
Customer: replied 1 year ago.
Also my question is that i have been suspended on the basis that i have had an allegation made against me for theft.
Customer: replied 1 year ago.
last friday i went into a formal meeting were my manager only asked me some questions and never told me anything except that she will call me about a meeting on tue 19th which nobody called me about any meeting till now.
Expert:  Ben Jones replied 1 year ago.

Hi there, 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.

The issue here is that challenging an unfair suspension is only possible by raising an internal grievance and if that does not work – by resigning and claiming constructive dismissal (or if dismissed, by claiming unfair dismissal). However, to be able to claim either you must have at least 2 years’ service, which you do not have. So therefore it is possible to be treated unfairly and be suspended for an unfair reason and even dismissed unfairly in the first 2 years of service. The only protection you would get is if the reasons for this were related to discrimination.

This is your basic legal position. I have more detailed advice for you in terms of the law on discrimination and what you have to show if you were to rely on it 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

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
hello ben, so how long can this investigation take to finish. is there any timeline ? i have got another job and will be starting from this thursday. And can i resign before they finish their investigation, its because i have got another job. But if i resign, will i be classed as guilty? can i change the date of meeting, just in case if i m not available on the day they asked ?
Expert:  Ben Jones replied 1 year ago.

Thank you. As mentioned your rights will only extend as far as being protected against discrimination. For this, you must be able to show that you were treated detrimentally because of a protected characteristic. There are limited characteristics that qualify and these are: gender, age, race , religion, disability, pregnancy, sexual orientation. So unless you are able to show that the way you were treated was because of one of these, then you will not be able to challenge an unfair suspension or even a dismissal. This is all to do with your length of service, which unfortunately is shorter than what is required to give you the required protection. if you leave how long is your notice period?