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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44941
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Please I am desperate, my manager is accusing myself of race

Customer Question

Please I am desperate, my manager is accusing myself of race and orientation sexual against him, I have been suspended from work because of that and he continue working with another colleague which I believe she is scared to lose her job so she took his side of history, but these accusations are totally false I never did something like that! Please help how do I proof my innocence, which kind of proof they have to have?? Only words??? I also need to know what legal proceed can be applied against them of a false accusations like that?? Which type of lawyer do I have to look for?? Thank you

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?
Customer :

Hi thank you I work there for 4 years

Customer :

Sorry but I paid for the highest fee to get my answer could you please prioritize my case??? thanks

Ben Jones :

Is your employer going to take formal disciplinary action against you?

Customer : Yes he already did
Ben Jones :

and what was the outcome?

Customer : I have been suspended since last week i had an interview on moday, because i am under investigation and next monday i'll have another one
Ben Jones :

ok but that is not formal disciplinary action?

Customer : When you formal you mean with a lawyer??
Ben Jones :

no, I mean attending a formal disciplinary hearing, where you could be issued with a warning, or even dismissed

Customer : I am in a formal investigation with company i work for
Customer : Yes i am
Ben Jones :

ok I think you are slightly confused about the process so I will explain it below


Being placed on suspension or subject to an investigation 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.


 


If 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.


 


So for now you are innocent until proven guilty at a formal disciplinary hearing, which you have not yet had and there is still no guarantee it will go that far

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Customer : No this is not what I asked
Customer : I want to know if only words can i lose my job?! Ins't necessary proof?? And if i want to take this accusation so far, what should I do??
Customer : Yes i am suspended in a full payment
Customer : Yes the suspencion was also to not damage the investigation
Customer : I need to know which collection of evidence are they!??
Ben Jones :

It is possible unfortunately and I will explain why below.


Misconduct, such as what you have been accused of, is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.


 


In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:



  • Carries out a reasonable investigation;

  • Follows a fair disciplinary procedure;

  • Has reasonable grounds for believing the employee was guilty; and

  • Show that dismissal was a reasonable decision that a reasonable employer would have taken in the circumstances.


 


In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. A dismissal can be fair if the employer can meet the above requirements.


 


If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.


 

Customer : I have received all the accusations after my first investigation meeting, and a letter with a second appoitment for interview and there says, I can take a colleague from work or a trade union representative
Ben Jones :

I understand but at this stage you are still not guilty and you can still formally defend any allegations you have, in the end it would be for the employer to make a decision on what they believe happened and take appropriate action

Customer : Ok i don't know what is going to happen but i got a slap on my face from my manager while i was there before all that happened, when that happened i took pictures of my face, these can also proceed somethig against him??
Ben Jones :

you mean he physically hit you?

Customer : Yes
Ben Jones :

That is completely unacceptable, not only can it give you the right to resign with immediate effect and claim constructive dismissal it is also assault which is a criminal matter so can potentially be reported to the police. If the employer does not know about this incident then they should be made aware of it

Customer : Ok
Ben Jones :

Has this now answered your query?

Customer : Not yet but i'll chat with you later i cant talk right now
Ben Jones :

ok just get back to me later on in that case

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