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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48539
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have bee suspended from work for not carrying out a part

Resolved Question:

Hi I have bee suspended from work for not carrying out a part of a job that I signed to say I had done but forgot to do this was noticed by another staff member who instaid of advising me I had forgot to Carry out the job and noted it down and on another occasion I did the same thing again it was not pointed out to me that I forgot to carry out the part of the job is that person as much to blame as me
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 3 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
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.

How long have you worked there for and is there a duty on employees to point out errors in these circumstances?

Customer: replied 3 months ago.
Approx 10 years for the company with a 1 year gap a year ago
Expert:  Ben Jones replied 3 months ago.

is there a duty on employees to point out errors in these circumstances?

Customer: replied 3 months ago.
I'm not sure
Expert:  Ben Jones replied 3 months ago.

Thanks. 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 laying the blame on the other employee, that won’t really be considered a get out clause unfortunately. You were responsible for the initial error so you have to answer for these omissions. The employee, unless there was something specific requiring them to do so, would not have been obliged to advise you or anyone else of the error. Your argument that they should have is really more of a moral one, rather than a legal one. So whilst a reasonable person may have been expected to bring this to your attention, they would not have been legally obliged to do so and if they did not, then you cannot really share the blame with them, because after all it was still your actions which would carry the blame for this as you should have completed the work in the first place.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 3 months ago.
Thanks for your full reply the other person involved dose hold a position of work shop controller so I'm am answerable to him would there be a duty of care on his part to stop the vehicle leaving the work shop knowing the job had not been caried out ? as the car in question was left to leave the work shop knowing the job was not caried out
Expert:  Ben Jones replied 3 months ago.

Yes there will likely be a duty of care but that does not remove your culpability - he may be separately responsible for his failures but you are still answerable separately for yours. Hope this clarifies?

Customer: replied 3 months ago.
Ok thanks for you help
Expert:  Ben Jones replied 3 months ago.

you are welcome, all the best

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