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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44342
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work as a careworker travelling around cambridge i have

Customer Question

i work as a careworker travelling around cambridge i have just been suspended by my area manager and deputy area manager in a carpark as i was picking up my work colleague she was not present when they ambushed me there reasons are
fraud (no explanation)
gross misconduct (no explanation)
racial comments (no explanation)
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

How long have you been working for this employer?

Customer: replied 1 month ago.
5 months
Expert:  Ben Jones replied 1 month ago.

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

Customer: replied 1 month ago.
i was required to work 5 full days (7am-10pm)
then informed my employer that i am pregnant they were still asking me to do full days so i tried to tender my resignation the area manager promised to cut my hours then asked me to rip my resignation letter up but they are still expecting me to do two full days a week i have never received a pay slip i have never been given any medication training although i am expected to give out meds was offered online training but never got password ***** though i asked for it several times on my day off they called me and told me to go to a client and give him some food i was then verbally reprimanded by text message
Expert:  Ben Jones replied 1 month ago.

OK no problem. Thank you for the additional information. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 1 month ago.

Hi there, 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.

However, the main issue here is going to be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal This means that your employer can dismiss you or force you to resign 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.). So they can just go ahead and suspend you and even dismiss you without following a fair procedure or prove that you were in any way guilty.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on pursuing them for an unpaid notice period, 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 29 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 28 days 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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