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RJM Law
RJM Law, Laywer
Category: Employment Law
Satisfied Customers: 3210
Experience:  LL.B (Hons)
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I’ve worked for a company for 35 years, I have a clear

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Hi - I’ve worked for a company for 35 years , I have a clear conduct record.
I was suspended from work on the 22nd April 2020.
This is day 47 of my suspension.
I was suspended as I travelled in a business lorry to work ( under CoVID-19,rules only one driver in vehicle )!
Plus I did not wear my ppe hi- vis in the yard ( I forgot it and had left my hi - vis in transport office.
I am the transport manager .I travelled to work everydAy in a lorry as I cannot drive as I had a stroke in 2017.

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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Thank you

Are you being paid whist on suspension?

Customer: replied 1 year ago.
Morning , yes I am being paid whilst on suspension

Ok, thank you. So they are putting you through the disciplinary proceedings as you have broken company rules. However, as you have had a stroke and cannot drive, it is possible that you are covered by the Equality Act 2010. If this is the case, then your company have to make what are called "reasonable adjustments" for you under section 19 and 20 of the Equality Act. So when you get you meeting you need to explain that the company have a duty to help you and this was the only plausible way that you could have attended work and explain that you implied social distancing as much as you could. Hopefully they will investigate this information and find that they are not going to take any action against you. If they do give you a warning or dismiss you then you will have to appeal this and go through the company grievance procedure.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

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