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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49779
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am being investigated at work, and have argued that I'm innocent

Customer Question

I am being investigated at work, and have argued that I'm innocent of the actions. I was suspended on the same day as handing in my notice as I had been offered another job.
I as a result of being suspended have brought a grievence as I believe and have proof of safegaurding issues not being dealt with in the same way, claiming that a precident has been set not to suspend or investigate matters, and so I feel management have discrimated against me, and by treating me differently have caused a defamation of charictor.
I have raised the grievence but what should I do next?
I have a case, so who can I turn to?
Given that I'm due to leave, will I still recieve the outcome of the investigation?
I have been asked what i want from the outcome, and been told that an independent hr consultant will be looking into it, however I believe she has bias towards the outcome, could I ask for someone else to look into it?
Also the points I have my grievence about show that management knowingly ignorered previous safeguarding issues, can I whistleblow after the grievance or alongside?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello how long have you worked there for?
Customer: replied 2 years ago.
14 months
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. First of all this is not defamation of character so do not lead yourself down that route. It does not meet the criteria for defamation.Secondly, being suspended is not an indication of guilt. It is just a precautionary measure, allowing the employer to investigate any allegations against an employee. Only once you have been taken through a disciplinary and found guilty would you be deemed officially guilty. You have raised a grievance raising safeguarding issues but this is unlikely to be seen as a valid whistleblowing because it was not done in good faith – you raised it to retaliate for being suspended. If it was the other way around – you blew the whistle and were then suspended as a result it could be a potential case for detrimental treatment due to having made a protected disclosure. However the circumstances it would not meet the criteria.So you have done all you can really – the grievance can be seen as whistleblowing but if there is a specific procedure to do this then you can follow it alongside the grievance. Once your employment terminates the employer is not obliged to give you details of the investigation but also they cannot discipline you so if you have left before a disciplinary that would be the end of the matter and you would not be deemed guilty of anything. Finally, you cannot nominate who hears the grievance. It can be done by the employer or a competent professional, such as an outside HR company. It is for the employer to decide though, not for you. You can ask that someone else hears it but you cannot force the employer to follow that request.I hope this has answered your query. I appreciate it may not necessarily what you were hoping for but the law is the law and I have to be honest. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.