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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66841
Experience:  Qualified Employment Solicitor
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Ben I was investigated on Friday for exceeding by entitle

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Hi Ben I was investigated on Friday for exceeding by entitle break and deli get and on Tuesday I met in accident while at work and got injured. After coming back from hospital I was given suspension. Can employer suspend me while injury work? Thanks

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

How long have you worked there for?

Customer: replied 6 months ago.
Just over 4 years
Customer: replied 6 months ago.
I worked for just over 4 years
Customer: replied 6 months ago.

Thank you. There is nothing stopping the employer from suspending you whilst you were injured (in fact they did not do so, they did it once you came back to work from hospital). But either way, it is perfectly legal for them to have done this if they considered it necessary.,

Also, 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.

Does this answer your query?

Customer: replied 6 months ago.
I did not go back to work as I fractured my ankle I was taken back to base to fill out incident report.

Makes no difference, they could have suspended you even if you never went back to work at the time anyway. There is nothing in law which says you cannot be suspended whilst off work or injured. Does this clarify things a bit more for you?

Customer: replied 6 months ago.
it did thank you for your help

All the best

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