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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a supervisor for a cleaning company & last week I accidentally

Resolved Question:

I am a supervisor for a cleaning company & last week I accidentally went 2hrs over on the budget, the contracts manager came in & said I had to pay back the hours so I said I would leave 1hr early Thursday & 1hr early Friday to pay it back & she said ok I will let the boss know, I then got a phone call in the afternoon from him telling me that I was suspended for leaving an hour early without telling anyone, I have been there for 18mths but do not have a contract of employment either, (he refuses to give one) is there anything I can do
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. When exactly did you start working there please?

Customer: Hi Ben, July 6th 2012
Ben Jones :

Are you on paid suspension?

Customer: Yes
Customer: Hi Ben are you still there
Ben Jones :

yes just typing up my advice

Ben Jones :

Being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.


 


Any period of suspension should be as short as possible and reviewed on a regular basis. A knee-jerk decision to suspend, without considering whether this is actually necessary, or if it could be avoided, could result in the employer acting in breach of the implied term of trust and confidence. This could prompt the employee to complain to the employer, such as by raising a grievance.


 


During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.


 


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


 


The main issue here is with your length of service – until you have at least 2 years’ continuous service with an employer you will not be protected against unfair dismissal, meaning that the employer can dismiss you for more or less any reason as long as it is not discriminatory, which is not an issue here. So there is unfortunately a chance this could result in dismissal without you having any comeback, but of course there is no guarantee of that happening just yet.

Customer: You have been very helpful Thankyou very much
Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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