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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47330
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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, I am a 55 yr old supply teacher. 35 yrs qualified, and

Resolved Question:

Hi, I am a 55 yr old supply teacher. 35 yrs qualified, and worked with education, social services or in adult health care for most of that time.
I work for an agency and on Tuesday of last week a Primary age child (9/10yr old), apparently alleged I had gripped or held her so as to cause marking and or bruising.
The first I knew of this was when I was removed from a different class in the same school and isolated whilst my manager came over.
A written report of the afternoon was submitted (I had only been in the class on the Tuesday for 2hrs in total, with other staff in and out and the whole clas present at all times).
We were then escorted from the building and I have been suspended pending the investigation.
I have heard nothing at all from anyone. should I have a letter written refuting these allegations immediately or wait?
I am not in a union.
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. Has your employment been terminated or are you just on suspension for the time being?
Customer:

Hello,

Customer:

As far as I am aware I am suspended awaiting an outcome on the allegation.

Customer:

I am on a supply contract with an agency, so they have no obligation to find me work, but up until now have averaged between 2-5 days per week.

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.

The issue in your case is that as an agency worker you are not protected against unfair dismissal so you can be removed from your job at any time for no apparent reason, even if it is based on false allegations. Agency workers have no guaranteed employment and are used on an as-needed basis and they can be removed at any time. They could find you other work with a different employer but there is no guarantee of that and only they know what their intentions are from now on. It is really a matter of time seeing where they take this and what they do with you. However, there is absolutely nothing topping you from writing to them and setting out your side of the story protesting your innocence. You may also contact them to chase up on the progress of this matter and see how they are getting along and what their initial intentions are.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Thank you for your advice.

Ben Jones :

you are most welcome, all the best

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