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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61077
Experience:  Qualified Employment Solicitor
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One week ago i was suspended from work after an accicdent at

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one week ago i was suspended from work after an accicdent at work i was found to have alcohol in my system but under the legal and work guidelines so where do i stand
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no can they back track to a a time that i could be over the limit

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

How long have you worked there for?

Customer: replied 1 month ago.
just under 2 years

When exactly did you start?

Customer: replied 1 month ago.
about the end ot november

Thank you. 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.

 

However, 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.

 

So they could carry out no disciplinary procedure and investigation at all and dismiss you, they could dismiss you for no reason and even if you prove you were innocent they could also follow an unfair process and change timelines, etc. All of these things are linked to an unfair dismissal, which as mentioned you cannot challenge, so they are possible. You therefore have to do your best to explain the situation and cooperate with them and hope that they do not decide to dismiss in the end.

 

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