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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am a full time live in 24/7 carer of an elderly lady with

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I am a full time live in 24/7 carer of an elderly lady with dementure. she became ill and is now in hospital. I have been suspended without pay and under investigation with an police interview pending. what are my rights, who can I take to support me etc etc.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Are you asking about the employment side of the things or the criminal?

Customer: replied 1 month ago.
I have not been informed as to what this interview is about, I was suspended subject to an investigation into the circumstances of my clients need for an emergency admittance to hospital.
Customer: replied 1 month ago.
who can I take with me to insure the police are not planning to charge me with an offence, I have no information on the investigation so no idea what may be discussed.
Customer: replied 1 month ago.
I am employed by an agency, are they obliged to provide me with some support, and why suspended without pay is that right before anything wrong is proven.

ok there are two distinct and separate issues here - the employment side and the criminal side. You need a separate expert for each as they are completely different. So I can help with the employment side of things if you want me to but I cannot assist with the criminal - you will have to post a separate query about that.

Customer: replied 1 month ago.
what support should I get from the agency, what exactly are my rights, rights that they can't deny or dispute they have to provide me with as a matter of law.

The agency has no obligation to provide you with any support, this is for you to arrange if you deem it necessary. Your rights are relatively limited in a sense that the agency is only expected to allow you to be accompanied to any formal disciplinary hearing and this companion can be a trade union rep or a colleague. However, the agency does not have to make arrangements for you to ensure you have this companion, for example they do not have to help you join a union and this is all for you to arrange.

In terms of the suspension itself, being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious 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.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming 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.

If you have no guaranteed hours or rate of pay then you will not be suspended with pay, however if you do have guaranteed hours you should continue receiving your basic pay during the period of suspension.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 1 month ago.
is joining a union an option for me

you can join at any time but you need to check what restrictions they may have, for example some may not be able to provide representation for an already ongoing issue or they may not be able to do this for an initial period like a couple of months

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 month ago.
not much help anywhere then, employment law in these circumstances is no law at all, carers have no support at all do they. Thank you anyway.

I do understand but the law is the law - employers do not have to offer you the support you are after, that has to be arranged by yourself, they only need to give you the right to be accompanied, the choice and how you arrange that is up to you