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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47404
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi my name Andrew I work for a food company deliveringto pubs

Resolved Question:

hi my name Andrew I work for a food company deliveringto pubs .I am contracted to work nine and half days yesterday I was given my normal route which takes between ten and twelve hours on my arrival at work I was told there might be a extra drop on the route to which I told them I could not and would do. The reason for this being the two to three hours extra on my daily hours. Having completed my route and getting back to the depot at 4.50pm some twelve hours plus later I was asked to explain why I did not do the extra drop I told them as above about the extra two to three hours to which they told I was suspended untill such time that a disaplinery meeting would be held. How do you think I stand in this problem. Also I would like note I have had problems before where they refused to pay me for extra hours over a 12 month time scale kind regards ANDY
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. have you had any previous disciplinary action with this company please.

Customer:

none at all

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

ok thanks Ben

Customer:

Hi Ben I have been asked rate you but I do not seem to have a answer

Ben Jones :

Hi, sorry you can ignore that, just finalising my response

Customer:

ok thanks

Ben Jones :

Hi, just a quick query before I post back - how long have you worked there for?

Customer:

hi Ben 16 years

Customer:

Hi Ben I still do not have my answer

Ben Jones :

Thanks and sorry, been in client meetings most of this afternoon. The first important thing to note is 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.

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.

In terms of the allegations against you, what is important is your contract of employment and the terms in there. For example, are your hours specified and is the employer asking you to work additional time outside of these. If that is the case you can argue that they are not adhering to the contract and that they are asking you to do work which falls outside of what you are contractually obliged to undertake. As such, the potential disciplinary action against you could be unfair and you can challenge it by defending yourself at any forthcoming disciplinary, appealing the outcome or raising a formal grievance. If they dismiss you as a result, which I hope it will not come to, then you can also consider a claim for unfair dismissal against them, something which you can claim in the employment tribunal.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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