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Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long have you worked there for?
do you know your exact start date as that would be relevant?
Are they actually taking formal action against you?
The good news is that this is just a suspension pending investigations. This is not an indication of guilt and it is just a precautionary measure whilst the employer decides on what to do next. They will conduct their investigations and decide on whether this is something they wish to take further or if they will just drop the matter and allow you to return to work.
The bad news is that if they decide to do anything and take the matter further, up to and including dismissal, you will have few rights. That is because you have been continuously employed at your place of work for less than 2 years, which means your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you 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.).
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So when it comes to evidence – they actually need none, as this only applies to employees that are protected against unfair dismissal once they have at least 2 years’ service with the employer.
Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks
You are welcome, all the best