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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46811
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have just been suspended from work for bullying and harassment

Resolved Question:

I have just been suspended from work for bullying and harassment the alligation is un true I would like some advise of how to act in this matter
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 fr?

JACUSTOMER-2eyncucn- :

I have worked for the company for 9 years

Ben Jones :

Do you know who made the complaints against you?

JACUSTOMER-2eyncucn- :

Yes a colleague called victoria bird

JACUSTOMER-2eyncucn- :

But the manager didnt tell me that I know some info on it though other managers

Ben Jones :

OK, well 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.


 


So this is just a suspension at this stage – you are not guilty, you are not being disciplined and the employer is just investigating. If you strongly believe that the allegations against you are malicious you can also make a counter-complaint against the person who made it and the employer will investigate that as well.

JACUSTOMER-2eyncucn- :

I tried to had a formal grievance letter to my manager two weeks ago about this problem as I feel this situation is the other way round but he wouldn't take it so what are my rights for that situation

Ben Jones :

the employer cannot refuse to accept your grievance, it is your legal right to raise one - you can direct them to the ACAS Cod which deals with this right:

www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf

If they refuse to hear your grievance, whilst you cannot force them to do so, our only option then is to resign and claim constructive dismissal

JACUSTOMER-2eyncucn- :

So what do you think ill should do from here im going to citizens advise because I feel like im am being treated unfairly in this matter ive been with the company for 9 years and she has been with them for 2 months

Ben Jones :

CAB can only give you advice, they can't do much to force the employer to act. At this stage you need to try and submit your grievance again, making it clear the employer is acting against the ACAS Code if they refuse to accept it, then just see where they take the investigation - as mentioned they could just drop it, but if hey d not and discipline you then you have the right to defend yourself and also appeal. Then you need to think if it is 'the last straw' and that is when you could resign pursuing constructive dismissal

JACUSTOMER-2eyncucn- :

Thank you for your help I really do appreciate it as I am talking to you threw my mobile can u pls send me the information u have given to me to my email please

Ben Jones :

Sadly we do not have the option of emailing customers but you can just save the webpage address and access it later on at your leisure, or you can also click n Save & Exit at the bottom of the page and access it at any time later on

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46811
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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