Ask a Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
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.
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 problem you will face is linked to your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair or constructive dismissal. This means that your employer can dismiss you or force you to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So even if you are treated unfairly, such as held on suspension for unreasonably long, forced to leave because of it, or even directly dismissed, you won’t be able to challenge it unless you can show one of the limited exceptions mentioned above applied. It certainly does not stop you from contacting the employer now to ask them on an update on the situation and what they plan on doing with you and this situation but just bear in mind your legal position as described above.
So basically I have no recourse they can do what they want?
unless they are discriminating against you, or directly breaching your contract, I am afraid they can do due to you not having the required length of service for enhanced protection
OK I just wait and see then.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
Yes you have thank you
You are most welcome, all the best