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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47862
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended from work. i was called into a

Customer Question

i have been suspended from work. i was called into a meeting, on my day off, and asked questions that had been printed on a piece of paper, i answered the questions but noticed at the bottom of the page it was already printed that they had made a decision to suspend me, before any questions were asked. is this allowed?
i am being accused of gross misconduct, apparently giving info to another security firm. this is not true! i also have never signed a contract which stated what they class as gross misconduct.
i have also been given 2 verbal warnings and a written warning about other things, it is my understanding that a verbal warning must still be documented and signed for?? none of these warnings were signed for and the written warning was posted to me normal post so there is no evidance of me receiving it.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Customer: replied 1 year ago.
since november 2015
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. The starting point 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.

In terms of warnings it is incorrect that a verbal warning must be signed for and documented – if it is then it is no longer an informal verbal warning and will need to be treated as a formal one. However, the intention is that verbal warnings are informal ones, used as a first step for more minor issues and there is no requirement to document them.

In any event most of your rights in this situation will be determined by your length of service and the fairness of the employer’s actions and whether they can be challenged will depend on that.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have in this situation based on your length of service, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. 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 and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.