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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 63309
Experience:  Qualified Employment Solicitor
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Hello
Assistant: Hi. How can I help?
Customer: hey
Assistant: Hi. How can I help?
Customer: Umm i have some legal issues where i work
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: ive been suspended
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: like a week ago
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: they offered me a settlement agreement

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.

Please provide some more details of your circumstances.

Customer: replied 3 months ago.
Ok So ive worked for 4 years
Customer: replied 3 months ago.
In birkenhead
Customer: replied 3 months ago.
Sorry i wanted to talk by phone but dont have Any money at the moment in my card
Customer: replied 3 months ago.
So i work at headset sales limited
Customer: replied 3 months ago.
Birkenhead
Customer: replied 3 months ago.
And ive been there for 4 years
Customer: replied 3 months ago.
And in the past few months
Customer: replied 3 months ago.
My boss wants to retire and wants to sell the company and came a guy and he started to do things without my accept
Customer: replied 3 months ago.
He started to change and to Add things in my contract without my accept ,etc

Ok thank you so what do you specifically want to know about all of this?

 

Customer: replied 3 months ago.
Well what do I do now because I’ve been suspended
Customer: replied 3 months ago.
Using the pretext that I’m not obeying and that I’m not “nice” to be around... just because I didn’t agree with the things he wanted to change in my contract and the move that he started already

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, I do agree that the reasons for suspension here are not really justifiable and you have a couple of options now – raise a formal grievance to officially complain to the employer about this and see if they change their approach; or wait and see where they take this and if they do something like dismissing you, in which case you can make a claim for unfair dismissal in the Employment Tribunal.

 

Does this answer your query?

Customer: replied 3 months ago.
Well I’ve received both of them in the same time so I was suspended but then again I received the termination date as well
Customer: replied 3 months ago.
And as I understood the letters can’t be used as evidence in an employment tribunal...

Oh ok so now that dismissal has occurred, you would have to consider claiming for unfair dismissal. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

 

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

 

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

 

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

And you can certainly use letters as evidence, not sure who told you that you can't

 

Does this clarify things a bit more for you?

Customer: replied 3 months ago.
Yes thank you
Customer: replied 3 months ago.
Well they came up with some laws that they are protected by
Customer: replied 3 months ago.
I’ll need a second to send you a pic from that email

ok

Customer: replied 3 months ago.
So they always use this without prejudice and subject to contract
Customer: replied 3 months ago.
This is it the bottom part

it just means you cannot use the discussions around this settlement, but anything else you can

Customer: replied 3 months ago.
Ok and one more thing before
Customer: replied 3 months ago.
My rights to see the recordings from cctv in the office were denied by the new guy and the reason he gave me was that he is the only one that can see them

if you are identifiable personally from the cctv then you can ask to see it by saying you are making a subject access request under the GDPR

Customer: replied 3 months ago.
When this clearly says something different and a few days ago he said that he didn’t know and he started taking pictures of the papers with his phone
Customer: replied 3 months ago.
Well yea exactly but he didn’t want to do that

you cannot force him to release them but you can say you will report him and also use it to make a claim for unfair dismissal

Customer: replied 3 months ago.
Ok thanks
Customer: replied 3 months ago.
This happens twice now...
Customer: replied 3 months ago.
Happened*

ok as mentioned you cannot force him to do anything, just make the requests and then report if needed

Customer: replied 3 months ago.
How can I do a report ??? Where should I report him ?

You have to contact the Information Commissioner if you google that yu will find it

Customer: replied 3 months ago.
I did that request
Customer: replied 3 months ago.
I think they want to delay this thing with the images and after to say the images are deleted
Customer: replied 3 months ago.
What I should do next?!

The letter you have shown me does not look like a complaint to the Information Commissioner – are you sure you have done that?

Customer: replied 3 months ago.
No this is what I wrote for the manager on the paper
Customer: replied 3 months ago.
Because he doesnt understond verbaly now I want to see if he understood

Ok but you need to report he non-disclosure to the Information Commissioner next:

 

https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

Customer: replied 3 months ago.
If I give him a request on the paper in how much time should me the copy of the camera ?!

within a month

Customer: replied 3 months ago.
So I can do a report against him now?!

Yes if he has missed that deadline, or simply refused to deal with the request

Customer: replied 3 months ago.
So I gave him that request and how much I should wait to see if I am going to receive the camera cctv
Customer: replied 3 months ago.
?!
Customer: replied 3 months ago.
He is going to know my name I mean that I made the report ?!

I have already confirmed that they have a month to supply the requested information. It will be petty obvious who made the report about this specific CCTV footage if you re the one who had previously requested it

Customer: replied 3 months ago.
He is going to know that I made the report ? It’s gonna show my name ?!

No it won’t but as mentioned it would be pretty obvious who made the report based on what the complaint is about

Customer: replied 3 months ago.
Okay thank you
Customer: replied 3 months ago.
How is goona affect the new guy if I make the report ??
Customer: replied 3 months ago.
Gonna*
Customer: replied 3 months ago.
How is Gonna affect the raport him???
Customer: replied 3 months ago.
Report*

That is for the employer to decide on, for example he could be disciplined by them but it is up to the employer

 

Customer: replied 3 months ago.
And if the employer is agree with him and he doesnt do anything then what is going to happen ?!
Customer: replied 3 months ago.
;)

you cannot force the employer to do anything, in the end it is for them to decide what to do with the employee but the employer could potentially be fined by the Informaiotn Commissioner if they think they have acted in breach

Customer: replied 3 months ago.
Aaa ok thank you
Customer: replied 3 months ago.
For Informațion
Customer: replied 3 months ago.
Information*

no problem

Customer: replied 3 months ago.
But if i am going to the court with that what do you think?!

no you won't be able to go to court for that its unrealistic

Customer: replied 3 months ago.
Okay So luam doesnt help me much like employee
Customer: replied 3 months ago.
Law*

it does but for this particular thing you need to go to the Information COmmissioner like mentioned above.

Customer: replied 3 months ago.
But for This situation with the contract about what i told you !!??

Yes I mentioned that in my original response, I will copy it again:

 

However, I do agree that the reasons for suspension here are not really justifiable and you have a couple of options now – raise a formal grievance to officially complain to the employer about this and see if they change their approach; or wait and see where they take this and if they do something like dismissing you, in which case you can make a claim for unfair dismissal in the Employment Tribunal.

 

Customer: replied 3 months ago.
Ok

Welcome

 

Customer: replied 3 months ago.
:)

and :) to you too

Customer: replied 3 months ago.
Thanks
Customer: replied 3 months ago.
And if i-am going in the court how long is gonna Take that ??!

usually a few months, it depends on how busy they are and also if the claim is defended or ignored or accepted

Customer: replied 3 months ago.
That depends how good is the lawyer ?!

Not necessarily, it depend son what the other party decides to do

Customer: replied 3 months ago.
Ok so if its unfair dissmis it’s not sure they are going to accept my case if I’m going in the court ?!!

no the may not...

Customer: replied 3 months ago.
Woww

that's how it works...

Customer: replied 3 months ago.
It’s not good at all

it's not a guarantee though you should not assume the worst so early

Customer: replied 3 months ago.
Yes
Customer: replied 3 months ago.
And i have a question about someone who works for one year can be fired without reason??!

yes they can

Customer: replied 3 months ago.
How ?? Give me some examples please
Customer: replied 3 months ago.
And if someone worked 4 years in company and after that is fired that person has the right to get something from the company??

this is a separate query now so please post it as a new question on our site, thank you

Or I can add more time on this quesiton

Customer: replied 3 months ago.
Ok i added a new question
Customer: replied 3 months ago.
I want to know as well after one year if you are fired what should that person do ???

ok I will continue on there, please close this question with your rating thank you

Ben Jones and 2 other Employment Law Specialists are ready to help you