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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61708
Experience:  Qualified Employment Solicitor
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I have submitted a grievance against an individual regarding

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Hello, I have submitted a grievance against an individual regarding 3 years of bullying, that individual suspended me 2 weeks ago and I was told to leave my office immediately. I am still waiting on my letter detailing the reasons / allegations....is this correct? If I ever wanted to proceed to an employment tribunal, do I need to be thinking of anything now or wait until the investigation is completed?
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: The manager is the person concerned. I do not have access to anyone in HR. I am talking with my Union Rep.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Full time employed of 18 years.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: This is tricky as I'm employed by a membership association, however the person concerned is employed by the Prison Service and they are trying to enforce some of that policy in this case

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

What reason did they provided for suspending you?

Customer: replied 1 month ago.
Unprofessional behaviour and failure to carry out basic reasonable duties in a timely manner

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 6 other Employment Law Specialists are ready to help you

Many thanks for your patience. As a starting point, 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.

 

Saying that, if you end up being unfairly arrested for dismissal, or any other sanction, and it is clear that this is all part of the bullying, you can consider taking it further. How you do that is dependent on what happens and whether you are dismissed or forced to resign. In the former case you would be claiming for unfair dismissal and in the latter - for constructive dismissal. Both are pursued via the employment tribunal.

 

In the meantime it is best to keep a diary of all incidents that occurred so that you have solid evidence to show the pattern of behaviour which you were subjected to.