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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hello I have been suspended from my workplace what

Customer Question

hello

I have been suspended from my workplace

what happened I was on my shift on Friday 2nd August 2013 we have a new trainee manager who brought a female staff member into the kitchen where I work he was being aggressive to her and harassed her by not letting her leave the kitchen when she asked on several occasions he told her to clock out and go home there was 5 of us in the kitchen who witnessed this she went out the back of the restaurant and was very upset and was crying I approached the trainee manager and said can you please go and appolgise to the employee who is very upset he ignored me and patronised me saying go back to the kictchen my friend I wasn't pleased half an hour later I asked him again he said I do not have to explain myself to you and asked me to come downstairs he spoke with me saying who are you to tell me how to do my job I expressed the way he treated her was out of order and he basically kept saying he was in the right I threatned to clock out and he said yes please leave my restaurant I refused and he threatned the police I returned to work he asked me again to go home and I ignored him at end of my shift he had a word with me in the office I brought a witness my head chef / intrim manager he basically said you have two choices one is you appoligise in a very convincing manner and I may consider us moving on from this or that I leave and we go our separate ways. he then suspened me full pay until further notice

can I please have some advice if I have a case or not
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-8vgkijha- :

hello i have worked there for 16 months

Ben Jones :

Being placed on suspension is not necessarily an indication of guilt and there is certainly no guarantee that this will go any further. Under employment law, an employer has a duty to conduct an investigation before taking formal disciplinary action and suspension is primarily used as a precautionary measure whilst that is taking place. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.


 


Nevertheless, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is however acceptable to be suspended if there is an allegation of gross misconduct or if the presence of the employee in the workplace could potentially damage any investigation or have some other negative impact. In your case I would say that the suspension appears to be used as a penalty rather than as a precautionary measure and I am not certain it is the right thing to do in the circumstances.


 


Nevertheless, if you are suspended pending an investigation and the employer’s investigation collects enough evidence to justify disciplinary action only then should they consider going down that route. If that does happen the employee has the right to be informed in advance of the allegations against them and will get the opportunity to formally defend them at the disciplinary hearing.


 


On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop the issue and allow the employee to return to work as normal.


 


At this stage you have the right to consider raising a formal grievance against the manager about the way this matter has been handled and the apparent way you have been penalised through suspension. Depending on the outcome of the grievance you may consider your next steps, but that would usually involve resignation and a claim for constructive dismissal and I would not say it is something you should consider just yet.

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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