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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50163
Experience:  Qualified Employment Solicitor
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I was suspended from the nhs in August ,I am a ward manager

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I was suspended from the nhs in August ,I am a ward manager .9 months later I am still suspended ,even though I have been told there is no case to answer but they have not completed all the paper work .i have raised a grievance ,which is on going .my question is have I got a reason to claim compensation for loss of earnings ( enhanced hours I normally worked ) .thank you

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Were these hours contractually guaranteed!
Customer: No they were not , but since I opened the unit 10 years ago I have always done weekends & extra hours each week .i have now been on basic wage for 9 months .the reason for my suspension was a safeguarding issue , even though I had had no contact with the patient , but because I am the unit manager I was suspended .which I believe was an unfair suspension
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.

However, any period of suspension should be as short as possible and reviewed on a regular basis. A knee-jerk decision to suspend, without considering whether this is actually necessary, or if it could be avoided, could result in the employer acting in breach of the implied term of trust and confidence. This could prompt the employee to complain to the employer, such as by raising a grievance, which would be your first step.

The issue is that you cannot claim for time you have already lost as a result of the process and any claim would be one of constructive dismissal, where you resign by arguing the suspension was unfair and a breach of trust and confidence and would then be seeking compensation for loss of future earnings. However, I am afraid the claim would not include loss of last earnings as a result of the suspension.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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