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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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On Friday the 24th of June about 1 pm my area manager phoned

Resolved Question:

Good Morning, On Friday the 24th of June about 1 pm my area manager phoned me and told me the store I work informed her I was being investigated, I member of staff made a official complaint saying I had taken something that was hers, and for me to go home and she would contact me for to arrange a meeting with the department manager, and me.
On Monday she contact me and told me to go to the store for a meeting at 2:30 pm and to wait in the staff canteen. The meeting was held in the store managers office and I has there because a member of staff had made a official complaint that her umbrella was taken and checking the cctv the security guard saw me taking the umbrella. But also on the cctv in the afternoon he saw me checking the umbrella and talking to a member of staff. Well in the past I have left a few umbrellas behind and that particular day I recognise that umbrella being mine. I opened and checked and it was mine, a college present at the time asked what I was doing and I told her I was checking the umbrella to see if that umbrella was mine, because I carved my name in it. I proved the umbrella was mine and I still not back to work.
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 9 months ago.
since April last year
Expert:  Ben Jones replied 9 months ago.

Have you contacted the employer to ask what is happening and also are you being paid whilst not in work?

Customer: replied 9 months ago.
Hi Ben, No I have not contacted my employer and yes I am being paid whilst not in work. I received a message just now by a member of staff at work that at this exact moment the lady that accused me is having a meeting with her area manager and de department manager. I am feeling very frustrated because I haven't done nothing wrong, I know I should have informed the security about me finding my umbrella and taking it home with me but at the time I didn't think about it or the consequences of it. I feel I have being suspended unfairly.
Expert:  Ben Jones replied 9 months ago.

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.

Why there is a delay is uncertain at this stage – only the employer knows this really so you should seek to contact them to ask about it and to check when you will be allowed to return to work. Do not just wait for them – be proactive because they may not be as organised as you may expect them to be.

If you are not allowed to return to work or it is being unreasonably delayed then your rights will very much depend on your length of service with this company.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Okay Ben, Thank you! I will contact my employer and ask them.
Expert:  Ben Jones replied 9 months ago.

Thank you. The main issue here is going to be your length of service. With less than 2 years you will not be protected against unfair dismissal or constructive dismissal. This means that you could potentially be dismissed or forced to resign for more or less any reason without being able to challenge it. An unfair suspension can only really be challenged by raising an internal grievance first (which you can do regardless of service) and then by resigning and claiming constructive dismissal. However as you cannot make such a claim it means that you are not legally able to challenge it if it was handled unfairly or if you are not allowed to return. So bear that in mind but I am hoping that now you have been found innocent the return to work would not be unreasonably delayed.

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