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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If suspected of a gross misconduct issue should you be allowed

Customer Question

If suspected of a gross misconduct issue should you be allowed to continue in your current job role health and safety issue
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. Can you please explain your situation in a bit more detail?
Customer: replied 2 years ago.

Incorrect use of a forklift truck a make shift cage was used t lift a colleague to make safe a falling pallet of stock on a delivery lorry not reported by anyone other than myself who reported it to my superiors nothing was done or said sat through to Wednesday when I was suspended

Expert:  Ben Jones replied 2 years ago.
What was your involvement in this - were you the one who operated the forklift?
Customer: replied 2 years ago.

For ben Jones yes

Customer: replied 2 years ago.

Hi ben yes iwas driving

Expert:  Ben Jones replied 2 years ago.
Thanks and how long have you worked there for?
Customer: replied 2 years ago.

Hi ben 8years

Expert:  Ben Jones replied 2 years ago.
Thank you. The first thing to note is that 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 in the event of a gross misconduct issue you may indeed be suspended whilst the employer investigates but remember that it does not mean you are guilty at this early stage.
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
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Didn't answer my question

Expert:  Ben Jones replied 2 years ago.
What further information do you require please?