Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long you have been suspended for and do you know when they are going to call you back in for the investigation.
Hi Ben, I've no idea how long my suspension is for however I have been told that facts will be presented to me after an investigation which I presume has taken place this afternoon. I have then been informed that I will be contacted by my MD tomorrow
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
ok thank you
Many thanks for your patience. 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.
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.
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.
If you need to attend an investigatory meeting then you are not allowed to take anyone with you, unless the employer allows it, but that is down to them. You are only entitled to bring someone in with you, and that could only be a colleague or trade union rep, if you are facing a formal disciplinary hearing. However, as mentioned there is no guarantee it will get to that stage yet and you need to take it one step at a time and deal with the investigation first then see where the employer takes this.
Hope this clarifies your position?
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
Hi Ben and thanks for the response.
Hi Ben Thanks for the response. I have been asked to attend a 'formal hearing' tomorrow afternoon at 2pm. The email requesting me to attend doesn't state that it is a disciplinary meeting but it does state I could face dismissal in accordance with the companies discipline procedure. Is this a disciplinary meeting or not? Chris
Hi Chris, if you are potentially going to face dismissal at that meeting then it would be a formal disciplinary - you are entitled to be given details of the allegations against you, including any evidence and also have the right to be accompanied by a colleague or trade union rep
Unfortunately I don't know a trade union rep and not sure who I could take from the company either
You do not have to take anyone in with you but if you wanted to then these are the approved people you could
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks