How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48761
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

For ben jones - I wonder if you can help. A collegue has

Customer Question

For ben jones - I wonder if you can help. A collegue has raised a grievance against me and I have been suspended PRIOR to any investigation being carried out. I have now had the investigation meetig and had it clarified that it is being followed under the grievance procedure and not the disciplinary one
Assistant: Where are you located? It matters because laws vary by location.
Customer: uk, south yorkshire
Assistant: Has anything been filed or reported?
Customer: the grievance has been verbally and a letter written to my employer by the person who has raised it I have received a letter of invitation to attend a investigation meeting that was held today
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: i clarified that no pre investigation was carried out, that the person who raised the grievance which was soley from her was not in work and that no alternatives were discussed regarding suspension i have stated this on the investigation minutes and feel that suspension prior to investigation is not a neutral act, that's it
Submitted: 22 days ago.
Category: Employment Law
Expert:  Ben Jones replied 22 days ago.

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

Expert:  Ben Jones replied 22 days ago.

How long have you worked there for?

Customer: replied 22 days ago.
i have been employed 5months into a 6month probationary period as a manager. they have stated that pending completion of the investigation would determine if anything would be followed up under the disciplinary process as misconduct/gross misconduct.
Can i be suspended in this manner as i feel this has been detrimental to my career and image within the company, impacting on my chance of continuing my career with them. Would this be considered as constructive dismissal despite my <2year employed period.
The allegations do not relate to violence, drug abuse etc and there is no evidence to tamper with or witnesses to intimidate - where do i stand in regards ***** ***** suspension? some of the areas raised in the grievance seem to relate to a comment i apparently made 5 months ago on a specific date of which i had no recollection. The individual and i did discuss one incident in an informal matter 4weeks ago for which i apologised as my intent was taken the wrong way, i clarified and stated that it wouldn't happen again and if at any time there was an issue to raise it to me. that meeting ended with the understanding that the matter was resolved for both of us
Customer: replied 22 days ago.
it has been clarified at the investigation meeting that there has been nothing since that date. As i manage this person i have had cause to question to understand the work that they are doing, and also called them on not following holiday booking procedure, effectively being AWOL. Of which i handled with allowing the holiday and verbal reminder to ensure it was approved next time prior to taking the holiday - so no formal action.
my concern is that this is a malicious allegation which will cost me my job and career
Expert:  Ben Jones replied 22 days ago.

Thank you. Whilst suspension should not be used as an automatic reaction to an allegation, the issue you face is that the only way to challenge unfair suspension is through constructive dismissal. This is where you are forced to resign as a result of the employer’s unreasonable behaviour, however you require 2 years’ service to be able to claim. So this means that you can be treated unfairly and can be suspended even without reason and cannot challenge it. You do have the option of raising an internal grievance but due to your length of service not only can you not challenge the way this was handled, but also won’t be able to challenge any potential dismissal because you also need 2 years’ service for unfair dismissal protection.

So even if this was done maliciously, it does not give you any protection against dismissal or to challenge the suspension or how it was handled. The only thing you can potentially challenge the employer on is if they did not properly investigate this but in the future issue a reference based on facts which are either untrue or were not properly investigated.

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 the rights you have against misleading references. 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
Customer: replied 22 days ago.
Thank you, ***** ***** speedy reply.
I have named potential witnesses to the minor incident that happened 4 weeks ago, which i had considered dealt with. As no fuss was raised and a private conversation happened later in the day at the other parties request then where we discussed how she had taken the situation i am unsure if anyone will remember anything. I have highlighted that witnesses that were present have now left the company which may have confirmed my version of events.It was raised at the point of my suspension by the person suspending me that the person who raised the allegation had been with the company 20years and that should it be dismissed then i would be moved internally and that there were "plenty of opportunities within different areas of the business". which rang my alarm bellsAny advice if this proceeds to formal disciplinary hearings, and would it be best to consider resigning rather than having a negative impact upon my work record of a possible dismissal?
Expert:  Ben Jones replied 22 days ago.

It is very difficult to tell you now how to handle a disciplinary process which has not even formally begun yet. You should wait to see what the formal allegations are first and what evidence there is before considering how to deal with it.

In terms of resigning, that is always an option but it could be something that you needlessly do if the employer was not actually thinking of firing you in the first place. So you could be unnecessarily placing yourself out of a job. You know the employer better though and whether dismissal is on their mind and if you believe it is then you could indeed consider resigning to prevent the potential of a dismissal hanging over your record.

Customer: replied 22 days ago.
Much appreciated, thank you for your help
Expert:  Ben Jones replied 22 days ago.

You are most welcome