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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49442
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Have been suspended from work without a warning or a letter

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Have been suspended from work without a warning or a letter what can I do

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

What reason has your employer provided for suspending you and please can you also tell me how long you have worked there for?

Customer: replied 3 months ago.
I was taken off from doing medication for giving the night time ones instead if the day time ones.i reported this as soon as I realised.i was witnessed doing medication again.i also didn't fill in an accident and incident form when a grab hoist fell on to a tennents head causing a bruise.i was going to fill form in next it day .havent been given a letter before Friday and didn't know anything about the suspension until I was told
Customer: replied 3 months ago.
There was no reason .have been there for 5 years
Customer: replied 3 months ago.
I feel that other staff have done the same things and they have not been treated the same way

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. 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.

So do not see this as an indication you ha e been found guilty of anything just yet. Only if they go ahead and formally discipline you for something which others have previously done but not been disciplined for themselves should you consider taking this further more formally.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your rights if you wanted to take this further in the future. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. The rights you have on taking this further will depend on what the outcome is. Mainly there will be two options - claim unfair dismissal if you are dismissed, or claim constructive dismissal if you are forced to resign.

In either case, before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####