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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49838
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if you are suspended without pay and you are not contacted

Customer Question

if you are suspended without pay and you are not contacted for five weeks by safeguarding team or informed of wht allrgation is what can you do?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.

JACUSTOMER-e8f2h1l5- :

six months

JACUSTOMER-e8f2h1l5- :

e-mail says you have answered but cant find it please answer

Expert:  Ben Jones replied 4 years ago.
Hi sorry I did answer but not sure why it has not registered in chat. I will try posting it again below:

If you are suspended from work you will have the right to be paid your basic pay, unless your contract contained a specific clause allowing your employer to suspend you without pay. If your suspension has been without pay and no such clause existed then that would likely amount to an unlawful deduction of wages and you can potentially consider pursuing the employer for the money you should have been paid during that time.

Apart from that, your rights would be rather limited I'm afraid. You are not protected against unfair dismissal or constructive dismissal, which means that if you were t be dismissed or forced to resign because of this you cannot claim against the employer. Similarly, you cannot force them to take you back.

So at this stage I suggest you contact them to ask about the reasons for the suspension and how long they plan on keeping you like that. Remind them that you are due your basic pay (unless there is the clause in your contract which I mentioned above) and if they refuse to pay you, then you can advise them you are reserving your right to take this matter to the employment tribunal for resolution.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you