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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 1148
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have been suspended from work following an allegation of

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Hello,
JA: Hi. How can I help?
Customer: I have been suspended from work following an allegation of gross misconduct due to me leaving machinery running on a building site that i was in charge of. The school who we are doing it for had to come on site at 21:00 to turn it off and gave the keys to the machines to reception. I had agreed with the company who's machinery it is to turn them off when i left site but i forgot to. The director who has suspended me has a personal vendetta against me due to him asking me to let his son live with me and me declining. Jamie who is the director in question said to another employee that Jamie had expressed his anger towards me and i believe that it is due to his problem with me that he is pushing for me to be sacked.
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: HR sent me an official suspension letter with statements from the director who is driving the suspention and fellow managers
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee for a principle contractor and do no belong to a trade union my role is a Site Manager
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have never received a warning via verbal or written form prior to this issue.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

To enable me to answer your query, please provide me with some further information.

How long have you been employed with the employer?

Have they arranged a disciplinary hearing where your dismissal is being contemplated?

Customer: replied 11 days ago.
Hello, I have been with them for 2 years and 6 months and yes they’ve organised a hearing for the 28th of this month.
Customer: replied 11 days ago.
I’d rather speak on this messenger please

The Premium Service Phone Call costs an additional £44.

I shall be delighted to speak to you today if you accept the site’s automatic offer.

If you do not want a Premium Service Phone Call, do not accept the offer and you will not be charged extra. I am happy to provide you my answer by text on the Portal.

I have not received a notification that you have accepted a Phone Call from my side and therefore you have not been charged extra.

Customer: replied 11 days ago.
can you provide the answer via the portal please?

Yes

If you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal.

Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.

However, if you have been Dismissed or Constructively Dismissed based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment. Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic (Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, Gender Reassignment), for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.

In addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings as a result of the Discrimination.

An Employer suspending an Employee from their employment is a very draconian step and may, in and of itself, be tantamount to a breach of implied the duty of trust and confidence of contracts of employment and the Employee suffering a “Detriment”, especially if the Employee has been suspended without pay.

The Employer ought to carry out their own investigation prior to the main investigation and disciplinary hearings to decide whether suspension is an appropriate course of action. While the ACAS Code of Practice (which is advisory only and not legally binding) recommends that suspension ought to be the last resort and there have been plenty of Employment Tribunal cases where the Employee’s suspension has been considered a breach of the contract of employment and a detriment, there is no firm authority on the practice of suspension itself.

However, the guidance strongly suggests that suspension should be a last resort and only carried out where the Employee remaining in Employment would present a risk to the Employer, the Employer’s business or its other employees, or there is a reasonable belief that the Employee would commit further acts of misconduct, such as destroying sensitive documentation that may incriminate them.

Where the Employee is being investigated by the police for a criminal offence, the issue cannot be determined by reference to the employee’s ultimate guilt or innocence, nor simply by reference to whether they were granted bail or not.

Unless there is a clear contractual right to suspend without pay, then the Employee must continue to receive full pay and benefits while on suspension. This is confirmed in the ACAS Code.

While the issue of Employee suspension from Employment is very fact-specific, in your case, I would advise that you review your contract of employment and demand that you your receive normal salary and benefits while on suspension and puts your Employers on notice that they may have breached the implied duty of trust and confidence in their suspension of him. If the Employer refuses to reinstate your salary, you should claim for Unlawful Deduction of Wages through the Regional Employment Tribunal.

Customer: replied 11 days ago.
How do I access the portal please? Or is it through this chat

My recommendation for your impending disciplinary investigation hearing is to be as cooperative and as professional as possible and state your version of events and your response to their allegations of misconduct as well as you are able. Do not get angry or upset with your employers as they will only use it against you at a later date and you may say or do something that will prejudice your claim and damage your credibility in the eyes of the Tribunal. If it is a disciplinary hearing where the employer is contemplating your dismissal from employment, you have the right to be accompanied by a co-employee or a trade union member (but not a solicitor or other legal adviser) to observe the proceedings and take notes, but not actively participate.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I will be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

Kind regards

LawyerEd

Ed Turner and 7 other Employment Law Specialists are ready to help you