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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62409
Experience:  Qualified Employment Solicitor
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I have been suspended due to a work incident, two letters

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Hi I have been suspended due to a work incident , two letters have come through the post but both have the incorrect date of the incident. So they are saying a different date to the incident is this correct
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: yes
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: enployee , yes union but they said they could say it’s a typo error
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I just want to know if I can use the date of the incident

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 8 days ago.
6 years
Customer: replied 8 days ago.
Text is fine
Customer: replied 8 days ago.
Hello
Customer: replied 8 days ago.
I thought this website was here to help but because I don’t want to pay £44 I’m getting no response

you will get a response, but it takes a few more minutes to type one out

Customer: replied 8 days ago.
Hi are you there

The date of the incident does not make the suspension unlawful or open to challenge. This is a minor issue and if it is genuinely a typo, as long as the employer corrects it, there would be no issue with keeping the suspension in place. Obviously, if no correction was made and they are genuinely relying on an incident that did not happen, that would be something you can challenge in the future, should a disciplinary be commenced, but as far as the suspension is concerned, the employer does not even need to give details of the incident, they could easily suspend you with no details, pending further information.

 

Does this answer your query?

Customer: replied 8 days ago.
The incident did happen but not on the date they are saying so can they just say it’s a typo error

they certainly can, this is a non-event, it makes no difference to the suspension

Customer: replied 8 days ago.
They sent me a letter to say there will be a disciplinary hearing but with no date yet. My union rep called me the other day and said I’m getting sacked but I find this all unreal without me going to my meeting yet

They cannot do that and if they did you would be able to claim unfair dismissal – they need to go through a fair disciplinary procedure

Customer: replied 8 days ago.
The union guy called me said your getting sacked and if I was you I would resign before they sack you so it’s not on your record . I just don’t know where to turn this is my first mistake at work in the 6 years I’ve worked there and I couldn’t tell any one of the mistake has there were no managers there at the time
Customer: replied 8 days ago.
Is this allowed to happen

The union are likely basing this on the nature of the allegations rather than because the employer has told them that. I cannot tell you whether to face the allegations and fight them or resign - I can only discuss the legal rights and options but the final decisions are up to you

Customer: replied 8 days ago.
The union man advised that the manager has told him that it’s a dismissal and this is what will happen at the meeting. I’m not getting a fair disciplinary if this is the case because they have already sacked me before the meeting how can this be fair
Customer: replied 8 days ago.
Are they allowed to do this
Customer: replied 8 days ago.
Please advise

at present it is just a rumour, it needs to officially happen for you to have any rights to challenge them

Customer: replied 8 days ago.
I’m confused.... what needs to happen for me to challenge them . This doesn’t make sense . When someone calls you and says three managers all said your getting sacked how can it be a rumour ???

you need to be dismissed, that hasn't happened yet - only your union has told you they are thinking of doing it

but the union is not your employer - your employer has to officially confirm it

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

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 6 days ago.
That’s fine thanks for your help

All the best

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