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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61284
Experience:  Qualified Employment Solicitor
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I need some legal advice in regards some allegation & work

Customer Question

Hi there
JA: Hello. How can I help?
Customer: Yes I need some legal advice in regards ***** ***** & work suspension.
JA: Was the suspension discussed with a manager or HR? Or with a lawyer?
Customer: Yes it was discussed with an HR & Manager.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Not sure
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I as said I been Suspended from Work & Wednesday i should have a formal meeting to discussed this issue, but i just went to some kind of Anxiety Attach during the weekend, & doctor reccomend to stay home 2 weeks.
Submitted: 18 days ago.
Category: Employment Law
Expert:  Ben Jones replied 18 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Expert:  Ben Jones replied 18 days ago.

Why have you been suspended? Please explain the situation in some detail. Also, how long have you worked for this employer?

Customer: replied 18 days ago.
Hello Ben
Customer: replied 18 days ago.
Just a Chat will be fine
Customer: replied 18 days ago.
Hello
Expert:  Ben Jones replied 18 days ago.

OK no problem

Expert:  Ben Jones replied 18 days ago.

Please provide the information I have requested so that I may advise

Expert:  Ben Jones replied 18 days ago.

Why have you been suspended? Please explain the situation in some detail. Also, how long have you worked for this employer?

Customer: replied 18 days ago.
I Ben
The suspension was relating to some allegation about descriminitation, bullying Harassment & Victimization.
Expert:  Ben Jones replied 18 days ago.

OK thanks. Please provide all the information requested

Customer: replied 18 days ago.
My Manager told me that as this person who we work together made this allegation, I shouldn't be talking to her for the time being. It did happen that I talked to her, as she left a voicemail saying that she was sick & wouldn't come to work, & as I am his Manager, told her that could go home, as the shift was allocate to someone else.
Customer: replied 18 days ago.
Been working for this company around 4 years now.
Expert:  Ben Jones replied 18 days ago.

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.

Customer: replied 18 days ago.
Also over the weekend I had some kind of Anxiety attach & doctor is giving me 2 weeks off from work & some medication. Can I cancel or postpone my formal meeting till I recover from this?
Expert:  Ben Jones replied 17 days ago.

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.

 

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.

 

If you have been signed off work, then the employer should be looking at postponing any investigatory or other formal meetings, until you are fit to return, although it depends on how long you will be off for and eventually they could proceed with it regardless. However a couple of weeks should not be an issue.

 

Does this answer your query?

 

Expert:  Ben Jones replied 17 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 16 days ago.
Hi Ben. Thanks for your response. Ben just registered to a Unison union Trade to take my case, but I need to wait for over 4 weeks, before taking my case. I been reading that some trade union can take my case without been a member. Pretty much is to accompanied me to my formal meeting. Do you know who I can contact in regards that? Yes I know I can take a colleague from work, but I would rather take someone externally.
Can you help on this please?
Expert:  Ben Jones replied 15 days ago.

I cannot comment on each union’s own terms and conditions – there are so many and I simply do not know which allows what exactly.

 

However, you can hire a union rep privately. See these:

 

https://www.slatergordon.co.uk/employment-law-solicitors/employment-hearing-solicitors/

 

https://castleassociates.org.uk/?q=employee-support/trade-union-support

 

Does this clarify things a bit more for you?

 

Expert:  Ben Jones replied 10 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 10 days ago.
Hi there. So back to my situation. Was it fair for my company to suspended me from work, because I was talking to the person who was accusing me of Discrimination? Even if she was my staff & been told once, to not approached her till further investigation, was that fair from them?
Customer: replied 10 days ago.
Also can you give me tips of false allegation & how I can protect myself against them please? Can you recommend me to get in touch with anyone to get more idea in how to defence myself?
Expert:  Ben Jones replied 10 days ago.

If they had an allegation from someone else and they believed it warranted suspension, they could have done this., Remember that it is not an indication of guilt or a form of punishment so don’t see it as that. As to false allegations, the best way is to keep detailed notes or diary of what happened when you have altercations with that person, or sometimes people record incidents as well. Does this clarify things a bit more for you?

Expert:  Ben Jones replied 8 days ago.

Has your query been answered now, please?