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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi Regarding previous questions about a suspended employee The

Resolved Question:

Hi
Regarding previous questions about a suspended employee
The employee has now received the suspension from duty letter
There are 6 different allegations but it does not say any other information as in who where when
How do I aks for the information form HR so that the employee can answer the allegations fairly, as at the moment only the employer has all the information

Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello again, just to clarify, what is the next step? Has the employer said they are just attending an investigatory meeting next or is this going directly to a disciplinary?

Customer:

They are to attend a investigatory meeting the date was next wed but now it has been postponed as they have said they need to gather more information

Customer:

the employee received the suspension from duty letter today having been suspended on wed this week, the letter has been emailed and hard copy posted today

Ben Jones :

If they are just to attend an investigatory meeting, they would not be entitled to as much information as when they were attending a formal disciplinary. At an investigatory meeting the employee will simply be answering questions about the specific situation or allegations to allow the employer to gather any relevant evidence. There is not much preparation that can be done over this and all the employer would expect is an honest answer. So it is not common for the employee to be given full details and evidence over the allegations and generally they would just be issued with a letter inviting them to the investigation, listing the allegations against them in brief and giving them some time to prepare. It is at the disciplinary that they can expect the allegations to be accompanied by any evidence from the investigation to allow them to fully prepare a defence.

Customer:

OK so the employee should just be prepared to answer questions about each allegation. If the investigating officer asks things the employee would need to check on ie dates and evidence would she be able to state she needs time to prepare evidence

Ben Jones :

yes, they need to be given a fair chance to provide the necessary evidence, so whilst she can answer anything she knows at the time, if there are issues that need further investigation or for her to refer to be certain of her answer she should be allowed to do so. In other words it is not going to be limited to what she says at the meeting

Customer:

OK thanks

Customer:

The work placed colleague she took into the suspension meeting has been advised to back off (by HR) as there may be a conflict of interest can the suspended employee change her work placed rep/

Ben Jones :

yes she can change that person at any time and can take any colleague or union rep as necessary, as long as they are happy with that and if there is no conflict of interest again

Customer:

Is the employee entitled to a copy of the letter of complaint from which the allegations have arisen and if so what is the best way to ask for it

Ben Jones :

Not really, although it could be included in the evidence pack if this goes to a disciplinary. However, if it was made in confidence then they do not have to disclose it and in any event the allegations from that letter will be given to the employee before the disciplinary so they can answer and defend them

Customer:

ok thanks

Customer:

the allegations have been given in the suspension letter but are very minimal in information

Ben Jones :

yes I know but as mentioned there is no requirement for extensive detail at this stage

Customer:

ok thanks

Ben Jones :

no worries

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45339
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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