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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been currently suspended from work 02.04.15 as I was

Customer Question

I have been currently suspended from work 02.04.15 as I was stopped by the police and breathalysed, I did still have alcohol in my system from the night before but I did not fail the breath test. The police office advised me to leave me car so I walked to the nearest phone box and called in work to advise them what had happened. I asked if somebody could pick me up and if nobody could I would order a taxi. The Manager picked me up and informed me that I was to go home and wait for a phone call. When I received the phone call HR told me I was suspended until further notice. I went and had a meeting 08.04.15 days with HR and they advised me that I still could not return to work pending further investigations. Today I received a later 10.04.2015 stating that I was to return to work on Monday, but they are still investigating it could be deemed misconduct. I don,t know what they are investigating but and I am so stressed out, not eating, can't sleep, I have made an appointment with the doctors to talk to him on Monday as I can't concentrate on anything at the moment and I don't want to go into work and make a mistake. if I was signed off for stress would this go against me.
In a clause from the company it states
If you are suspended for an alleged offence of gross misconduct or where notice is given that a disciplinary hearing will take place for such an alleged offence, payment of company sick pay for any absence which occurs thereafter will be at the absolute discretion of the company. Where sickness absence occurs in these circumstances, the continued absence will be dealt with as a sickness absence, but upon the return to work from sickness, the suspension will automatically be reinstated and the disciplinary process will resume. If you are fit enough to attend a disciplinary hearing during any absence for reasons of sickness, you will be expected to attend such a disciplinary hearing, and any failure to do so, will entitle the company to terminate the contract of employment.
I don't understand what this means. I have seen a lawyer and he has said that what the company have done to me is absolutely rubbish, but I will not be able to speak to them again until next week.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year 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?
Ben Jones :

Hello, not sure if you saw my initial query above - How long have you worked there for?

JACUSTOMER-pem6e4em- :

Just over eight years

Ben Jones :

Why does the employer think this is linked to work - were you stopped whilst undertaking your duties, were you driving a company vehicle, etc?

JACUSTOMER-pem6e4em- :

They don't think it was when I was on duty. They know it was from the evening before. And it is my car not a company car

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.

In terms of the employer taking formal disciplinary action against you they must be able to show that you had either be drunk on duty or that you being stopped by the police brought the company into disrepute, such as if you were driving a company car and it could be linked to them.

Being signed off with stress should not go against you as it would not change the facts leading up to the matter which started all of this – namely you being stopped by the police.

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

Expert:  Ben Jones replied 1 year ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you

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