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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 58834
Experience:  Qualified Employment Solicitor
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I just been suspended and I don’t know the reason at all

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I just been suspended and I don’t know the reason at all
Assistant: Was the suspension discussed with a manager or HR? Or with a lawyer?
Customer: No
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: And also I have told that also a investigation is on my person
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: My company is Swissport in Gatwick airport

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

How long have you worked there for?

Customer: replied 3 months ago.
1 year and 4 months
Customer: replied 3 months ago.
I don’t have any email or letter or any way of communication to give me the reason for my suspension and also my colleague said that one investigation is going to be held by my operations manager
Customer: replied 3 months ago.
Can you tell me what to do in this case ??
Customer: replied 3 months ago.
Are you still here ??
Customer: replied 3 months ago.
Customer: replied 3 months ago.

So do you have no idea at all why you have been suspended?

Customer: replied 3 months ago.
Yeah exactly
Customer: replied 3 months ago.
also I have been told by 1 colleagues that the investigation is going against me

Ok well, 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.

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.

However, if they proceed further with this, then the main issue is that If you have been continuously employed at you place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

Does this answer your query?

Customer: replied 3 months ago.
Please be aware that Nicolae has been suspended from tonight on full pay awaiting an investigation.
If he arrives at the airport please ask him to leave and refer him to Pieter who will be conducting the investigation.
Pieter has emailed him and sent a letter to his house advising him.
Customer: replied 3 months ago.
This what I have from my colleague
Customer: replied 3 months ago.
The problem is that I don’t have any email or letter

ok that does not change anything - legally there is not much you can do if you have not been told about the suspension or the reasons behind it, all you can do for the time being is wait until they contact you with further news or instructions

Customer: replied 3 months ago.
But this email was redirected to me. I can’t say nothing to them as they didn’t communicate with me first ??

the additional information above does not change any of your rights. There is nothing for you to say to them at the moment - all you can do is wait for them to approach you with the next steps

Customer: replied 3 months ago.
Ok thank very much for your help

All the best

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