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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47615
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am presently suspended with full pay pending a

Customer Question

For Ben Jones,
I am presently suspended with full pay pending a investigation, I also have been diagnosed with depression which has been heightened due to the suspension, if I have a doctors certificate stating I am unfit where does it leave me legally
Submitted: 3 months ago.
Category: Employment Law
Expert:  Ben Jones replied 3 months ago.

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

Expert:  Ben Jones replied 3 months ago.

What have you been suspended for?

Customer: replied 3 months ago.
Contravening money handling policies
Expert:  Ben Jones replied 3 months ago.

First of all, being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious 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.

Ideally the suspension should be followed up with a letter confirming the suspension and outlining the reasons for it, although this is not a legal requirement, just good practice.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming 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.

In terms of the investigation, if you are signed off sick, the employer should place the investigation on hold until you are fit to attend and participate. They could eventually ask you to participate remotely such as answering questions over the phone or in writing but they should not jump to that unless there has been a long delay due to you being off and there is a time critical need to proceed with the investigation.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 3 months ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Expert:  Ben Jones replied 3 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

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