Hello, my name is Ben and it is my pleasure to assist you with your question today.How long have you worked there for?
Hi, sorry there have been some technical issues, where rating requests were erroneously sent and I was also not advised you had replied. Apologies for the subsequent delays, I have seen your response now so please find my answer below.
The law does not require the employer to issue you with a contract of employment, although there is a duty on employers to issue you with a written statement of employment particulars, which is similar to a contract, although not quite the same. More details here:
The issue is you cannot just make a claim against the employer for not issuing you with such a statement and all you can do in your case is to remind them of this duty.
As to the suspension and your rights related to that, 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 main issue is that your legal rights are rather limited at present, even if the employer has suspended you for an incorrect reason and even if that was due to not being issued with a contract or a statement as above.
This is because until 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 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.).
So in the worst case scenario they could consider dismissal without you having any comeback I’m afraid. Hopefully it won’t come to that but bear that in mind when you consider your rights in this case.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Whether the NHS guidelines state that or not does not change your legal position in terms of dismissal I'm afraid - that is governed by law, not internal procedures so your rights in that respect would remain unchanged unfortunately
you cannot force them to drop the suspension and if they do not then your only way of challenging it is the constructive dismissal, which you cannot claim, or discrimination but you mst show it was for one of the reasons mentioned above
hi, what I was saying is that the employer decides whether to drop the suspension or not. So even if you believe that they should, they do not have to, even if you prove that there was bullying. So that is what I meant by saying you cannot then force them to remove the suspension and allow you to work - they can still technically leave you suspended and you cannot challenge that unless you can resign and claim constructive dismissal which is not an option, or if you can show there was discrimination based on one of the grounds I mentioned above - hope this clarifies?
not fully, but you have limited rights at this stage due to your length of service, but you are till protected against discrimination but it has to be for the reasons I mentioned earlier
Please let me know if you need me to clarify anything else for you in relation to this? Thanks