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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My name is***** have just been suspended from

Customer Question

Hi my name is***** have just been suspended from my work place was read my rights and told to get my things together and leave the building .I was told not to get in touch with any one from the company or to speak to any one but to make myself available for a disciplinary hearing I have been told its for bulling & harassment .the manager did not even try to resolve the problem I have worked at that company for almost 9 year and have never bullied any one in my life before I am not in a union but can I take a representative with me and because I am on holiday now can I claim back my holidays.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. The legal right for workers to be accompanied at certain meetings in the workplace is dealt with under sections 10-15 of the Employment Relations Act 1999. It states that where a worker is required to attend a disciplinary or grievance hearing and the worker 'reasonably requests' to be accompanied at that hearing, the employer must allow them to be accompanied by a 'single companion’. The meetings that are covered by this right are:· Formal disciplinary hearing (any hearing where a warning is to be issued, other disciplinary action is to be taken, or a sanction is confirmed, such as an appeal hearing) - it will include hearings that may lead to dismissal if they are related to misconduct or capability issues· Formal grievance hearing There is no legal right to be accompanied at an investigatory meeting. Finally, when it comes to the choice of companion, the worker is entitled to be accompanied either by a trade union representative or a workplace colleague. There is no right to be accompanied by family, friends or any legal representatives, such as lawyers. In terms of the holidays, there are a couple of options – the employer could allow you to remain on holiday and take the time off your holiday allowance. However, in the meantime they should not treat you as suspended and any restrictions relating to you being on suspension should be lifted. It means you do not have to be available to attend any meetings nor can you be stopped from contacting anyone. The other option is to cancel the holiday and treat you as suspended, however to do this they must give you adequate notice, which must be at least twice as long as the holidays taken. So if you had 5 days’ holiday they should give you at least 10 days’ notice. If you were already on holiday when you were suspended it is unlikely they will be able to give you the required notice so you would remain on holiday and the suspension restrictions should only apply once your holiday ends. 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 1 year ago.

this person that I have suppose to be bulling has only been with the company for 3 month. I had supervision with team leader and said that this person was action like she was a senior and other staff members also passed on this information but she did nothing about it only buried her head in the sand which happen at lot at my place of work so if I loose my job can I appeal.

Expert:  Ben Jones replied 1 year ago.
I would hope that you would not lose your job over this. It does not look like this is a serious case of bullying, if any at all. The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it. So what may appear as bullying to one person may not be seen in the same way by another but in the circumstances I do not see you have engaged in any conduct of bullying worthy of dismissal.
In any event, if you were to be dismissed as a result of this you may appeal with the employer first and after that you may consider an unfair dismissal claim in the employment tribunal

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