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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Myself and some work colleagues went out for a meal one of

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Myself and some work colleagues went out for a meal one of my colleague was winding me up all evening I asked him several to leave me alone . all my other colleagues were also asking him to stop but he just carried on . In the end I was getting angry with him and threaten him. when I returned to work I was suspended. Can my employer do this.
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. How long have you worked there for?
JACUSTOMER-i1hkxytt- :

20 years with a clean record

Ben Jones :

Hi, sorry I was offline by the time you had replied. 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.

So it is not unusual that the employer has suspended you. They have only done so to remove the possibility of any further incidents occurring in the workplace and will use the time you are suspended to investigate the issues and determine who is likely in the wrong and decide what, if any, action to take. They could speak to the other employees present at the meal and find out that you were provoked and they could just allow you to return to work. So all that is expected of you at this time is to cooperate with their investigation and let them resolve this at their end. It does not stop you from submitting your own complaint to them against the employee who provoked you.

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

JACUSTOMER-i1hkxytt- :

Thanks It makes sense what you are saying but I am surprised that the employer can get involved as it was out of works time.

JACUSTOMER-i1hkxytt- :

The question is can someone be suspended for something that happens outside of work.

JACUSTOMER-i1hkxytt- :

I will not be wanting your monthly membership I will not have a Law Question every month this was a one off.

Ben Jones :

Yes you can certainly be suspended for events that happen outside of the workplace. For example workplace parties that have been held in neutral places have often led to suspensions and disciplinary action being taken. The key is that this had the involvement of other employees and there is a link to the workplace as your relationship with them will be affected and the employer can get involved if necessary.

Ben Jones :

I will advise customer services to ensure you are not on a subscription, hope this helps

Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.

My M.D has frighten work colleagues who would have been witnesses for me for my defence and told them that they would be in big trouble if they have any kind of contact with me, seems like I will have to fight it alone

Expert:  Ben Jones replied 2 years ago.
Do these employees actually have valuable information that would assist your case?
Customer: replied 2 years ago.

They could witness that I was being provoked all evening.

Expert:  Ben Jones replied 2 years ago.
you have the right to a fair disciplinary hearing, which also includes you being able to request witnesses to assist you with defending the allegations against you.
The ACAS Code, which employers are expected to follow, states:
“The employee should also be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses. They should also be given an opportunity to raise points about any information provided by witnesses. Where an employer or employee intends to call relevant witnesses they should give advance notice that they intend to do this.”
What the employer is doing is not correct and they should not be pressuring employees from being witnesses.
Customer: replied 2 years ago.

I e-mail you and told you that I would not be wanting monthly membership as this is a one off. you e-mail me back and said that you had advise customer service to ensure that I was not on a subscripton .I have had it taken out my bank. Please ensure that it is credited back into my account a.s.a.p Thanks Colin

Customer: replied 2 years ago.

I e-mail you to tell you that £40 has been taken from my account and requested it to be returned. I have not had any response from you on this matter. I await your e-mail

Expert:  Ben Jones replied 2 years ago.
Hi, I did send an email as promised but unfortunately the customer service side of things, including subscriptions is nothing I deal with or have any say in, so whilst I can contact them again, it may e best if you do the same directly by emailing***@******.***