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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48175
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi my name is Jim My Daughter was involved in a non physical

Resolved Question:

Hi my name is Jim

My Daughter was involved in a non physical altercation with another female driver in a Public Car Park (Road Rage to put it simply) in which the other driver blocked by reversing to stop her going anywhere and wound the window down to state that she could stay ther all day. The Car Park is covered by CCTV and my daughter had a witness to say she did nothing wrong, however, on return to her office she was told she was being suspended for Gross Misconduct since the altercation took place in a company car with the company logo and phone number. In addition the other driver is saying she is going to the Police which has my daughter worried.

I do not believe she has done anything wrong (except saying she was a stupid bitch etc) and I hope I am right in saying the company should NOT have suspended her on the here say of a third party without checking her story.

I am right I need to advise my daughter how to proceed she has a meeting with the company at 1000 today
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has she worked there for?

Customer:

only a few weeks

Customer:

She works as a Recruitment Consultant and has only just moved there a few weeks ago after leaving Brookstreet nonetheless how can they call that Gross Misconduct without knowing the circumstances

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.


 


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.


 


Her main issue is the length of service she has with the company. Until someone has at least 2 years’ service with an employer they are not protected against unfair dismissal, which means that potentially she could be dismissed over this and she would have no legal comeback. This would also include being suspended and even being dismissed if she was completely innocent – the employer could use any reason they like as long as it is not discriminatory, which does not appear to be the case here. Hopefully it would not come to that but she should bear this in mind.

Customer:

Thank you I will advise her of your anwer

Customer:

Can that answer be sent to the e mail address or has it already been sent *****@******.***

Ben Jones :

we cannot email customers unfortunately but you have a few options:


a) If you see a 'share' button and hover over it you can see the option to print.
b) You could copy and paste this conversation into a Word document or equivalent. You can then save and/or print it and refer to it in the future as necessary.
c) This conversation will be stored in your account on this site so you may return to view it or do any of the above at any time

Ben Jones :

Hopefully you have managed to save a copy

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