How long have you worked there?
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law.
From a legal perspective, 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.
The issue would be if there is apparent bias by those responsible for the suspension and any disciplinary. Whilst they may try and make you look guilty, if they are to dismiss for example, legally they would still need to follow specific criteria, otherwise a dismissal may be unfair.
I cannot tell you whether to resign or not as that is a personal decision for you but you are entirely free to raise a grievance over the treatment you have received and whilst you may be in the wrong for not following the set out system, there are mitigating factors which should mean this is not a dismissible offence but maybe one that you get a warning for.
This is your basic legal position. I have more detailed advice for you in terms of the procedure the employer must follow to justify any formal action as being fair in law, 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
Hello, my response should be visible on this page. 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