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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62511
Experience:  Qualified Employment Solicitor
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I am working 18 years one reputed company as senior manager.

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I am working 18 years one reputed company as senior manager. But last two wk ago they received a complain from one of our supervisor who left the company before Christmas. Allegation is "fraudulent of customer view point". He send all wt app conversation between me and him. He send it via html email. They sit with me for investigation and suspended me for further investigation. Investigation time they are force me to say the truth. Also they use one word 'do you think I am stupid' when I deny all allegations.
Customer: replied 2 years ago.
They investigate to other supervisor. But beginning of the investigation they informed them "we have allegation against your boss regarding fraudulent customer view point' then they blame everything on me. My work place all are male only me is female manager. I was honest all the time they don't like it.
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
Waiting for answer more them 10mi. I prefer to talk to the solicitor over the phone

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

I am unable to talk on the phone at the moment but please can you tell me a bit more about the nature of the conversation you had with the former supervisor?

Customer: replied 2 years ago.
Customer supposed to do online survey for our company. Our companies target 75%. I was always in pressure to meet that target. So I create awareness to them most of the time we don't have any response from customer. So I instruct them if you family and friends or our regular customers shop then asked them to do some cvp. Sometime my wording was not brief. Sometime I instruct ""can you do cvp". That is our normal conversation. Now he left the company he send all our conversation and said I force them
Customer: replied 2 years ago.
They suspend me.

OK, thank you for your response. I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. 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. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious 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.

Ideally the suspension should be followed up with a letter confirming the suspension and outlining the reasons for it, although this is not a legal requirement, just good practice.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming 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.

Alleged misconduct is a common reason for taking disciplinary action against an employee. It could be either due to a single serious act of misconduct or a series of less serious acts over a period of time.

In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:

· Conducts a reasonable investigation

· Follows a fair disciplinary procedure; and

· Shows they had reasonable grounds to believe the employee was guilty

In addition, the employer is expected to follow the ACAS Code of Practice on Disciplinary and Grievance procedures, which can be incorporated into their own disciplinary policy. Altogether, it means that a fair disciplinary procedure should be conducted as follows:

1. Investigation – the employer must conduct a reasonable investigation first. This could include interviewing the employee or other witnesses who may have relevant information. What is reasonable depends entirely on the circumstances and the nature and seriousness of the allegations. The more serious or complex these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee can be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations and any evidence to be used against them. They have the legal right to be accompanied at the hearing by a trade union representative or a colleague.

3. Decision - following the disciplinary hearing and once the employer has had a chance to consider the employee’s response, they can make a decision on the outcome. If the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them.

4. Penalty – this has to be a sanction, which a reasonable employer would have taken in the circumstances. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee is issued with a written warning for a first offence.

In summary, the requirements of proof as not as stringent as in criminal law and an employer is not expected to prove beyond reasonable doubt that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had met the above criteria, namely conducting a reasonable investigation, following a fair procedure and holding a genuine belief that the employee was guilty. Finally, it must show that the penalty was one that a reasonable employer would have taken in the circumstances.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your rights in the event that this results in dismissal. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 2 years ago.
Thank you for your reply. But i am not still satisfied myslef. My usdaw rep before he review other supervisore note he advice them dont dismiss her give her chance to resigne. After that i adjourned the meeting. If i can send you my all documents then you can see there is loop hole. I have not enough money to pay you at the moment. When they were doing other supervisor investigation they mention "" we have allegation against your boss about fraudlent. Tell us the truth and you are not in problem. "But they told me they will not mention my name.

They cannot force you to resign, that’s for sure. If they want to remove you then they will have to take this further themselves and decide on how to resolve it – whether by dropping the matter, issuing you with a warning or dismissing you.

Customer: replied 2 years ago.
I am at the moment sick. My gp send me off me from work untill 22nd of february. Now i received a letter from company to attend the meeting 9th february. But i am not that position to attend

You cannot be forced to attend. If you are off sick you can ask for a postponement of the meeting until you are fit to attend. If they hold the meeting in your absence then hat could potentially make the procedure and any decision they take unfair.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss your rights in the event that this results in dismissal or they make a deicison in your absence. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. In the event that they dismiss you or they do this in your absence when you were off sick and requested a postponement, you can consider an unfair dismissal claim.

If there is evidence that the employer has not followed a fair procedure as outlined above, a grievance can be submitted to the employer to formally complain about these issues. If termination has already taken place, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the appeal fails, a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of termination.

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

Customer: replied 2 years ago.
Hi Ben thank you for your reply , this is what my manager said to me when i sent him my sick note. He said that although he understands i am stressed because of work pressure he believes this will be alleviated if i attend the meeting. I do not wish to attend this meeting.
Customer: replied 2 years ago.
Hi Shampa. Where as I appreciate you are signed off from work I do note that it is due to stress at work, which I feel will be alleviated if you were to attend the planned meeting next week, so that a resolution can be achieved. Thanks ScottHi Shampa. Where as I appreciate you are signed off from work I do note that it is due to stress at work, which I feel will be alleviated if you were to attend the planned meeting next week, so that a resolution can be achieved. Thanks Scott

They may suggest you attend the meeting but you cannot be forced to do so. Therefore, if you are adamant that you are not in a position to attend it, you can refuse to do so.