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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47387
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended from work after after they told me

Customer Question

I have been suspended from work after after they told me something during an investigation that they wanted to be kept off the record.
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 11 months ago.

What reason was provided for the suspension? Also, how long have you worked there for please?

Customer: replied 11 months ago.
They brought the information that they wanted off the record up at their disciplinary meeting. was suspended for dishonesty. I have worked there for 11 years
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. 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 good news here is that you have been there for more than 2 years so are protected against unfair dismissal. So if the employer was looking at dismissal as potential outcome then they must show there was a fair reason for doing so and also follow a fair procedure. In the circumstances I would say that dismissal is likely to be an unreasonable outcome and you will have protection should it happen.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should this result in dismissal, 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 11 months ago.
This investigation was brought about because an employee had completed electronic learning modules for her husband. She admitted to me that she had done it. She told me off the record that the depot trainer had said to her why don't you do your husbands as well. I never put this in the notes as she wanted it off the record. During her disciplinary meeting she brought this information up. I then interviewed the trainer who denied it
I am under suspension for gross misconduct, dishonesty.
I thought that if she told me off the record that if I said anything that it was a breach of trust between us. That is what I was interviewed about and after this interview O was suspended
Am I correct about breach of trust?
Expert:  Ben Jones replied 11 months ago.

Yes you are, if you were told something in confidence then you should not disclose it to others without the person's permission. I do not see why the employer is saying you were dishonest and if they dismiss then I would certainly advise you to consider an unfair dismissal claim.

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