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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48736
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been wrongly accused of being a racist via an anonymous

Customer Question

I have been wrongly accused of being a racist via an anonymous email at work. I am now suspended pending an investigation. What can I do about this and what are my rights? Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Hi Ben, I have worked there for 8 and a half years.

Expert:  Ben Jones replied 2 years ago.
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.
As far as the email itself is concerned unless you know who sent it then it would be difficult to do anything about it. The police would not be interested in this so it is unlikely that contacting them would do anything. It would really be a civil matter and something for your employer to investigate and deal with. So for the time being it is best to leave it in their hands and see how far they take it. If they consider disciplining you for it then as mentioned you have certain rights like the right to a fair hearing and can also appeal the outcome if you do not agree with it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Hi Ben, thanks for your response. One more wuestion and then I am done. Only a month ago another two people had an anonymous email sent in against them. This was to do with a blackmail plot. Neither of the two people were suspended and a formal investigation was not carried out. One of these people was my boss. Can i bring this up as this is not fair or consistant. The other person was a subordinent so the fact that a suspension was not served to those two meant that they could speak to get their story straight.

Expert:  Ben Jones replied 2 years ago.
The employer should adopt a consistent approach but it is unlikely that two cars would be identical donut would depend on the circumstances. But by all means do mention it if you believe you have been treated differently and you are placed at a disadvantage as a result
Customer: replied 2 years ago.

Thanks Ben

Expert:  Ben Jones replied 2 years ago.
You are welcome all the best