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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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I have been sent a letter that requests my presence at a meeting

Resolved Question:

I have been sent a letter that requests my presence at a meeting 're allegations of neglect to my manager and colleagues and do not know what these allegations are made up of.This letter talks of suspension and gross misconduct and as well as shocked me has scares me to death am a nurse working for a NHS trust
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?
Customer:

I have worked for the trust for ten years but only two of those on the ward I'm presently on

Ben Jones :

So this is an investigatory meting rather than a formal disciplinary?

Customer:

An investigative meeting

Ben Jones :

It appears that the employer has suspended you and is about to conduct an investigation into the allegations against you. 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 you are still just under investigation and still innocent unless you are proved guilty at a subsequent disciplinary. You would only be expected to answer the employer’s questions and help them determine if there is a case to answer. If they take this to a formal disciplinary that is when you have more rights, such as to be given the evidence against you, be allowed to prepare in advance and to be accompanied at any disciplinary.

Customer:

I am not suspended yet but they have requested a written statement 're the facts relating to the allegations but how can I when I don't know what the allegations are

Ben Jones :

no, you cannot be expected to provide these so if that is the case you should press them for details of the allegaitons first

Customer:

Thankyou

Ben Jones :

you are welcome

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