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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended from certain duties at work, demoting

Resolved Question:

I have been suspended from certain duties at work, demoting me to a lower rank pending investigation. I have heard nothing in a week no letter, email or verbal correapondance. Should i have? Also the person who made the allegation is my deputy manager who then collected statements from myself, and two other staff members. Does this make it a biased investigation? Can he even do that?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Ben Jones replied 2 months ago.

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

Expert:  Ben Jones replied 2 months ago.

How long have you worked there for?

Customer: replied 2 months ago.
2.5 years
Customer: replied 2 months ago.
Clean file, never a Mark on it
Expert:  Ben Jones replied 2 months ago.

Hi there, I am very sorry for the delay in replying, my laptop decided to give up and I have just managed to find a replacement.

Going back to your query, 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.

As to your specific queries, You should have been given at least some information by now, although there is nothing specific in law which states exactly what should be given to you and when. So this is more a good practice requirement, rather than something strictly legal which the employer has to do.

And as to the complainant conducting the investigation, there is indeed potential bias there so if there are other managers who can do this instead, they should be the ones who do it, to ensure that the process is done fairly.

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

Customer: replied 2 months ago.
The company policies state that written confirmation will be given and also the investigator cannot be the one who lodges the complaint? Altho this is employment law can I not use this to raise a grievance?
Expert:  Ben Jones replied 2 months ago.

These requirements will be company-specific so whilst they are not specifically covered by law, if you have a specific policy which deals with them you can use that to raise your concerns with the employer. A grievance is certainly an option in the circumstances so do not hesitate using it if needed. Hope this clarifies?

Customer: replied 2 months ago.
Thank you so much :)
Expert:  Ben Jones replied 2 months ago.

you are welcome and all the best

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