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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I've been under investigation weeks with out being suspended

Resolved Question:

i've been under investigation for 3 weeks with out being suspended now they have just been given a first and final written warning that will stay on my file for 12 months with no verbal warning for using the work van once at the weekend for my own personal. They're saying it is serious misconduct I take home everyday
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello how long have you worked there for and what would you like to know about your situation?
Customer: replied 1 year ago.
Hi, I've worked there for 13 1/2 years. I would like to know if he can do this. He has never given me a verbal warning about the use of the company van and I've been seen in the van before with no telling off after.
Expert:  Ben Jones replied 1 year ago.
Hello, first of all there is no requirement for the employer to suspend an employee who is under investigation. The employer can suspend if they feel it is necessary but it is not a requirement. As to the warning you received, it is not necessary for a verbal warning to be issued first before a written or final warning is given. A verbal warning is not an official part of the disciplinary process so an employer is not officially required to issue one. They have the discretion of issuing a verbal warning warning if they want to but that is really up to them. If the offence is serious enough the employer could go straight to a final warning if necessary.In this case the employer has not applied an incorrect procedure because they did not have to suspend and could have gone straight to a final warning if they deemed it appropriate. In your case, all you can do now is appeal the warning. You can argue that this was an accepted practice as you have been allowed to do this in the past without being reprimanded and that the penalty is too harsh in the circumstances. However, if the appeal is rejected all you can do is either accept it, or resign and claim constructive dismissal, although as you can imagine the latter is quite a drastic move so should only be done if you cannot continue working there as a result.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
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