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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44955
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There, I was suspended from work on Friday due to complainthe

Customer Question

HI there, I was suspended from work on Friday due to complainthe of harrasment. The complaint was that the person felt I'd been asking questions that she found that someone that had just me her shouldn't have been asking.
She has also said I followed her about alot, they area where wee were working wasn't very big also.
We were also talking about like where I live ad where she lives and jokingly I'd said "if I'd been going that way Id ha drooped you off, but I go the other way. She then says, you could take me home and I said no I go the other way.
So a little bit later she had asked me and Anthor 2 guys just to tell her when wee wanted food and she would get us it. So I went though to her office and said nicely is there any chance wee could have out food made yet and she said yes five minutes. So she made our food for us @22.33 with I still have the receipt.
So the 2 other guys I was with left at around 2350 while I decided that I'd try charge my dead phone for 10 minutes before I go. Which the girl that is accusing of harassment did. But after 5 mind I went back and got it as I realised I could yous my sat nave to get home. So I said to the girl before leaving that's me off and thanks for the food. So I got in my car at around 2355 ready to drive 79 miles. As I was leavinggoing the car park the girl was outside having a smoke and I rolled down the winow and said have a good weekend and you should try give it up by.
So I hit the road at 1258 still drinking my tea from my cup that I'd got at 22.33 as it's still nice and warm. Drove my 79 miles non stop, phones my girlfriend at 0120am to open the house dor to let me in.
So the next day I was pulled in by my manager, where he said he has had a complaint from a girl that works in the shop who found the confersat ions and questions I was asking were strange from someone she had just met. This like what you up to this weekend, where you from? What time do you finish tonight, how do you get home.
Now my only interest when finished my work is to get home and like i say I got home at 0120am. However the girl has issued a complaint saying that I hung around the car park until 1am waiting on her which just isn't true as I was in be just after 0130 with my girlfriend.
So there is just no possible way that I could have been in that car park at been 1am and 2am.
I really really embarrassed about the hole thing and I was only speaking to and beans friendly to the girl and she shown absolutely no signs she felt harassed at any point and even made our dinner at 23.33 before we left and she was still laughing and joking around?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Just to confirm that the food was ordered at 23.22 my mistake that's
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for?
Customer: replied 1 year ago.
1 week
Customer: replied 1 year ago.
Can you advise me please
Expert:  Ben Jones replied 1 year ago.
Hello, sorry my connection dropped earlier, I have only just managed to get back on the site. 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.
If the employer decides to take this further then your rights will unfortunately be quite limited. This is because If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.
So as you can see, even if the complaint was completely false, it would not prevent your employer from taking further action and even dismissing you, however I would hope it does not get to that and they either drop it or just issue you with a warning.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 11 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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