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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been on suspension for a year with pay, for

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Hi I have been on suspension for a year with pay, for professional misconduct and negligence. I have been working for this company for 10 yrs without having a suspension or disciplinary issues. I had an informal meeting with H R , where they apologised for the long term suspension. They now want to either offer me a small payout if I leave , or go bk and investigate the allegations reg my suspension. I feel that I could never work for them again after the way they have treated me , i just don't know whether i should resign or take it further with a greveince , or tk it to a tribunal for constructive dismissal, any advice would be most welcome thanks.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What do you think the outcome would be if you were to proceed with the investigation, is it serious enough for a dismissal?

Customer: replied 6 months ago.
if found to be guilty of the allegations.
Expert:  Ben Jones replied 6 months ago.

A constructive dismissal claim can be quite difficult to win as it is entirely down to you to prove that the required elements for a successful claim were satisfied. On the other hand if you were claiming unfair dismissal, where you were dismissed, it is entirely down to the employer to prove that they had a fair reason for dismissal and had followed a fair procedure. So if there I a likelihood that you may be dismissed it may be better tactically to allow that and then claim unfair dismissal rather than resign and claim constructive dismissal.

In the meantime you have nothing to lose by raising a grievance over the prolonged suspension because as per the ACAS Code of Conduct a suspension should only be as long as it is reasonably necessary and not be unnecessarily prolonged. A year is a very long time so they would need pretty strong grounds to justify such a period of suspension. You may also continue negotiating with them over the settlement amount in the meantime.

This is your basic legal position. I have more detailed advice for you in terms of the further options you have on negotiating and getting a settlement once your employment has terminated, 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

Customer: replied 6 months ago.
The allegations are that I didn't answer a call bell, I didn't let anyone know that I had left the unit.And leavin a resident incontinent. At the investigation meeting I explained, that I told my colleague where I was goin if anyone asked where I was,and while in the toilet after finishing a task, I could hear the call bell ringing, and I could he's both the nurse and another staff member right next to the call bell. So why was it not answered by the nuts or other staff member, I am not the only one working on the floor
Customer: replied 6 months ago.
I feel that I could never continue to work for them, so what is the point of goin through a disciplinary hearing.I just feel after 10 yrs of continued service, there treatment towards me has been unfair.
Expert:  Ben Jones replied 6 months ago.

There is nothing stopping you from resigning now and claiming constructive dismissal I just had to make you aware that traditionally this is a harder claim to win than unfair dismissal. In any event this is not the last chance to negotiate something with them, even if you were to resign and leave you will have to continue negotiating before you are able to make a claim, so there is still a chance that you would walk away with an improved settlement rather than having to make a full claim against them.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46144
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 6 months ago.
Ok thanks for the advice ben .
Expert:  Ben Jones replied 6 months ago.

Thank you. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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