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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49823
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was told that a grievance had been put in against me on 9th

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I was told that a grievance had been put in against me on 9th Nov, and suspended on 11th Nov and have been suspended ever since. I put in a grievance around my suspension which eventually was upheld but no change for me. I have had some time off with depression during this period. My team were investigated in 2015, I had my first interview on 1st Mar and then again on 7th Mar still no outcome. I have asked ACAS for advice on individual items.
My concerns are around investigation going back years and concentrating of 9 to 11th Nov not the grievance letter. I feel the company want me out and with this in mind my offer me a settlement but it would only be two months notice and holiday paid. I just confused what to do?
How long have you worked there?
Customer: replied 1 year ago.
12 years
Customer: replied 1 year ago.
I haven't had any answer feel like I have paid £32 for nothing at present.
Hello my colleague has asked me to look into this as i am an employment lawyer but Im in tribunal tpday so will reply fully this evening, thank you.
Thank you 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.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.My concern is that you have been suspended for such a long time. Any period of suspension should be as short as possible and kept under ongoing review. There have been cases where an unreasonably long suspension has enabled employees to resign and successfully claim constructive dismissal.The employer should concentrate on the issues at hand and not just go on a fishing exercise to try and find anything to justify taking disciplinary action against you, although that is not written anywhere and it is just an accepted principle.At this stage you have a couple of options. You can wait and see where the employer takes this and deal with any action formally, such as defending a disciplinary and appealing if needed. You could instead decide to resign now and make a claim for constructive dismissal. Finally you could try and negotiate on a settlement agreement, although you cannot force them to offer you what you wish to receive so it is inevitably going to be a negotiating exercise.This is your basic legal position. I have more detailed advice for you in terms of the law pn constructive dismissal and how you can use it here, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49823
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. As mentioned, this could potentially amount to constructive dismissal, which occurs when the following two elements are present:· Serious breach of contract by the employer; and· An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long. A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away. If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal. Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal. An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you. Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
Customer: replied 1 year ago.
Thank you, ***** ***** given me something to think about and they have offered a settlement, 2 months wages, all occurred holiday, decent reference. I just don't know if I have enough evidence to take it any further. I have kept a log of all events which I attach.
You can certainly push for more – you have nothing to lose, they could withdraw the offer but that is the minimum you get by law on dismissal anyway so you will not be worse off. As such you could use all the issues you have gone through to make it clear that this is likely to amount to constructive dismissal and that you would get more if successful at tribunal so it is best to try and resolve this amicably now by a better offer from them.