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Ben Jones
Ben Jones, UK Lawyer
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Dear sir/madam I am a primary school teacher. 12 days ago

Resolved Question:

Dear sir/madam

I am a primary school teacher. 12 days ago I was sent home for work as an allegation had been made about my professional conduct. I was told nothing else but to stay away from the school and await further notice. I was told I would receive a phone call in the following week but I heard nothing. It is now 12 days later and I still haven't received any information about what the allegation is or how long their investigation process will take place. I'm desperate to go back to my job at the school as I feel I haven't done anything wrong. I am in a pretty bad way as you can imagine and I'm worried about my.mental health. I've been told I've not been suspended but need to stay away while investigations are carried out. My union representative says that we can do is wait. Is it right that they can keep me away without telling.me what the accusation is?
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.

Ben Jones :

How long have you worked there for?

Customer:

Since September of this year

Ben Jones :

Well, 2013 I presume?

Ben Jones :

Are you being paid for the time you are away?

Customer:

yes

Customer:

yes im on full pay. i started sept 2013

Ben Jones :

have you checked if there is relevant policy that deals with this situation and what the employer should do in the circumstances?

Customer:

no im not sure where find this

Ben Jones :

ok let me get my response ready please

Customer:

thanks

Ben Jones :

Your employer says you are not on suspension but this really is a suspension because you are asked to stay away from the workplace whilst they investigate allegations against you. So whatever they want to call it, this is really a suspension, which is not really an issue for you as this is not a form of punishment, it is just a precautionary measure.


 


Now when someone is suspended, the employer would be expected to either follow their own disciplinary code, or the ACAS Code of Conduct. You can ask the employer to provide you with a copy of their disciplinary procedure if necessary, but I presume it would be relatively similar to the ACAS one. That one does not actually provide specific rules on what information the employer needs to give the employee following suspension and usually it is acceptable that the employee is simply informed that they are being suspended and the details of the suspension do not have to be disclosed. If the employer’s evidence then decides that this needs to be taken further, for example to a disciplinary, then that is when you are legally entitled to be given full details of the allegations against you, together with any relevant evidence, so as to enable you to defend yourself.


 


Saying that, any period of suspension should not be delayed unnecessarily and the employer should provide you with periodic updates on what is happening, such as whether they are still investigating, so you can contact them for such updates if necessary, but it would not necessarily reveal the reasons for your suspension.

Customer:

thank you. i contact my employee daily for updates but she keeps telling me that she cant say anything while investigations are in progress

Ben Jones :

well that is the update really - hat they are investigating, in the circumstances there is probably not much more they can say

Ben Jones :

at least until they decide on whether they will proceed with this further or not

Customer:

ok thanks for your answer

Ben Jones :

you are most welcome, all the best

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