Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
How long have you worked there for?
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.
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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.
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