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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50202
Experience:  Qualified Employment Solicitor
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Just really need some advice, I am a Registered home

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Hello, Just really need some advice, I am a Registered home manager in a nursing home, one of my staff who had been suspended due to a police investigation came back to work without me knowing which has caused a lot of problems as the residents families do not feel he should be back. The operations manager has now suspended him again as residents families have complained about his conduct on occasions before he was suspended the first time,i as the home manager was not aware of any of these concerns but now I have been told I will be investigated due to what the residents families have said. Is this right that as the home manager I should be investigated?
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

Hi Ben, have worked there for 3 years

Being placed under investigation is not an automatic assumption of guilt and does not amount to disciplinary action.
During this period the employer should conduct a reasonable investigation into any allegations against you. 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 investigation and allow the employee to return to work as normal.
So do not assume that you are guilty or that any further action should be taken. The employer needs to cover all grounds and ensure there has been no wrongdoing by others, except from the employee in question. As the manager you would have overall responsibility so I would not be surprised if they look into your conduct to see if you knew about any of this and could have prevented it. But if you say you had done nothing wrong then I would hope the employer reaches the same conclusion eventually.
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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