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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If I am accused of gross misconduct at my work place and a

Resolved Question:

if I am accused of gross misconduct at my work place and a threat to staff and vulnerable people am I to be paid a wage while the investigation is going on
Submitted: 9 months ago.
Category: Employment Law
Expert:  Ben Jones replied 9 months ago.

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

Expert:  Ben Jones replied 9 months ago.

Please provide some more information on your situation so that I can advise? Please can you also tell me how long you have worked there for? Thank you

Customer: replied 9 months ago.
I have worked for mencap for over 10 years. I could not tolerate the abuse to the service users and I reported the service I work in to C.Q.C. This led to me being accused of gross misconduct and awaiting a disciplinary hearing. I have been waiting for the hearing since may 2016 and have been refused entry to my workplace. I have not been paid a wage since may.I entered a grievance and attended the meeting but it was not upheld.
Expert:  Ben Jones replied 9 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 9 months ago.

Many thanks for your patience. Unless there is a clear contractual right to do so, an employer will not be able to suspend an employee without pay. Therefore, while the employee is suspended, they should continue receiving their pay and normal benefits. So you should first check your contract of employment to see if there is a specific right for the employer to suspend you without pay. If no such right exists then during the period of suspension you are entitled to be paid your normal pay and benefits. If the employer fails to do so, you can pursue this as an unlawful deduction of wages issue and take it further to recover what you are due.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to pursue this further, 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 9 months ago.

Hello, my response should be visible on this page. 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 9 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. if you were not paid for the time on suspension when there was no clause allowing the employer not to pay you, in order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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