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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48556
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from work due to an allegation from a lady I

Customer Question

I was suspended from work due to an allegation from a lady I support. The lady persistently complains about all staff frequently and no one has ever been suspended before. I have just received a letter of apology form my CEO lifting the suspension with immediate effect due to them not following policy and procedure but I feel this has not cleared my name. I was suspended for just over a month and it has caused me much stress and anxiety and led to severe weight loss. My work expects me to return on the 23rd October but I feel I need more time. Is there anything I can do to a) get my name cleared and b) get a longer recovery period.
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 worked there for?

Customer: replied 1 month ago.
3.5 years
Customer: replied 1 month ago.
Hi Ben can you still assist me please
Expert:  Ben Jones replied 1 month ago.

Yes of course. How much more time do you need and is it an option to get yourself signed off sick?

Customer: replied 1 month ago.
It is an option to get signed off sick but that will go on my record and I have a clean absenteeism record. I need more time as I'm weak from the weight loss and lack of sleep. My clothes don't fit and I look a mess.
Customer: replied 1 month ago.
My manager who suspended me failed to return most of my calls and when he did he would make statements to suggest that it wasn't looking good for me. He also told me that the complaint had been logged with the local authority therefore they had to follow it through but that has been found to be untrue.
Expert:  Ben Jones replied 1 month ago.

Thanks, ***** ***** be able to call now actually to discuss

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 month ago.

Employers must be careful to avoid taking any action against, or doing anything in respect of an employee that amounts to a breach of the implied term of trust and confidence that exists between an employer and employee.

A recent case looked at this implied term in the context of whether an employer, a local authority, breached the implied term of trust and confidence by suspending an employee before inviting her to respond to allegations that had been made against her. There was also no evidence in the case of the employer having given any consideration as to any alternatives to suspension in the particular circumstances (i.e. considering whether suspension was the only option available to it). The employee resigned in response to having been suspended in that situation.

When the case was considered recently by the High Court, it was confirmed that employers need to remember that suspension is not a 'neutral act' (not, at least, when dealing with professional vocations, such as teaching).

The judgement is a timely reminder that 'knee-jerk' suspension by employers, where employees are suspended without preliminary investigation and without due consideration as to whether suspension is actually necessary in the circumstances (and if so, for what purpose) must be avoided. Such suspensions may, in fact, result in the employer facing a claim by the employee that the suspension amounts to a repudiatory breach of contract, perhaps founding a claim for constructive unfair dismissal if the employee subsequenly resigns in response to that breach.

The full judgement can be reviewed here: http://www.bailii.org/ew/cases/EWHC/QB/2017/2019.html.

Customer: replied 1 month ago.
Hi Ben. When I click on the link it is saying "you have selected a link which is not on our system "
Expert:  Ben Jones replied 1 month ago.

Sorry it might be because you have included the dot at the end of the link, try removing that and just finishing with html instead of html.