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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50518
Experience:  Qualified Employment Solicitor
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I have been suspended with pay from work. I have not

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I have been suspended with pay from work. I have not received a copy of my statement and have not been given any timescale as to when I will be called in for any further meeting, is this okay?

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

How long has your employer suspended you for exactly? Please can you provide some background information on your situation? Also, how long have you worked for this employer for?

Customer: replied 4 months ago.
I have worked for this employer for 7 years without missing any work shift. They brought up three points of concern. They warned me that I may be dismissed, which put me into panic mode a little. They did not ask if I wanted anyone in the meeting with me. I work in a care home mainly at night and lately they have been putting the emphasis on us cleaning the home and particularly the office. We are also expected to go down to an outside laundry room with no heating to fold and iron clothes. I had complained to a colleague about working below 13 degrees and going down there in the dark. I also mentioned about shelving we were expected to clean that was above head height. (I later climbed up to to clean said shelving a few days later.) The main concern was that they were accusing me of putting a chair in front of a doorway that would have impeded a client when he opened the door inwards. I had gone with my colleague to administer medication to another resident when two managers came in and said they had found the chair against his door.This is an easy chair and could not have stopped him venturing out. He has severe learning difficulties and had been coming out to press the fire alarm on a regular basis, but not that night. They were intimating I was barricading the door with this easy chair. They later said they had pictures but did not show me any with any dated or time information. I can expand but what do you think?

OK, thank you for your response and for the phone call request. I am not available to talk at this present time, however leave it with me for now and 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 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.

Customer: replied 4 months ago.
Can they call me at a later time? I have said I may have moved the chair whilst cleaning the floor but I have clearly stated I did not place the chair against the door.

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.

As to your specific questions, you should be given a copy of your statement before any disciplinary is held. Whilst they may not immediately give you a timescale on what will happen next and when, they should keep you updated if they can and leaving you suspended for an unreasonably long period of time without any explanation or updates can be a breach on their part.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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