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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 67884
Experience:  Qualified Employment Solicitor
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I have been suspended on full pay from work due to

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Hello Pearl, I have been suspended on full pay from work due to misconduct.
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: With my manager and HR
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this free advice? impartial private

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.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 7 days ago.
Hi Ben, I want to know what would be the best course of action if my suspension might lead to dismissal. Should one consider handing ones notice?
Customer: replied 7 days ago.
I am happy to type for now please.
Customer: replied 7 days ago.
I can provide you the circumstance of my suspension.

ok some brief details will be useful, thanks. Also how long is your notice period you must give?

Customer: replied 7 days ago.
I work in a telephone IT support role....we are encouraged to converse with work colleagues by phone due to WFH. Lets say I have not been too happy with my senior managers and certain colleagues at work....and used this option to vent my frustration if managers and other colleagues via internal calls to my fellow couterparts.Unfortunately I did not hold back on exactly how I felt they were manging things....and to be honest used verbally abusive language and tone about them.This is during working hours....not knowing these calls can be recorded. It was a very silly, stupid of me doing this....this has reached the senior manager of the dept.Also picked on a recent single techincal case I poorly handled...(but redeemed myself on afterwards)...this was odd to add to the real reason above.
Customer: replied 7 days ago.
It will be difficult to explain myself....other than I used this to vent and let off steam....that it should never have happened in this manner and that I am embarrased and extremly sorry it happened.
Customer: replied 7 days ago.
Next week will be a meeting to discuss this with HR present.
Customer: replied 7 days ago.
No date set
Customer: replied 7 days ago.
I will be given a chance to explain my actions....as otherwise I have been exemplary with customers, technical fault resolutions....even hava a 10/10 score for customer feedback....excellent rapport with members within the organisation and outside.....which is a possible saving grace
Customer: replied 7 days ago.
I am really unsure how they will act....as my language was very abrupt and rude.....derogatory
Customer: replied 7 days ago.
It wasn't direct...but still goes against principals of behaviour
Customer: replied 7 days ago.
I have written adraft letter of apology...not emailed yet....so say how extremely sorry I am and to given a chance to turn it around.
Customer: replied 7 days ago.
The other letter I could potentially write is my notice.....which I think is 1 month or so....will need to check....however, if I am dismissed I doubt they would want me back to work this
Customer: replied 7 days ago.
Maybe I could negotiated an exit if my employer can be convinced they are at risk of a successful legal challenge to the disciplinary proceedings. Such a challenge may be as a result, for example, due to a failure to follow the right process or where the sanction of a dismissal is too harsh.
Customer: replied 7 days ago.
Ideally I hope they offer me a lifeline.....a possible chance to turn my attitide around as I am good with customers and internal colleagues....also....they are short on staff of my level....and finding a new person, training them in the current climate will be a challenge for them.

Many thanks for your patience. You have pretty much covered your possible options in your responses.

As a starting point with some legal background, 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.

You can go through with it all and defend yourself, offering to apologise and express remorse for any action your employer believes you did wrong and hope they give you a second chance.

You could also resign but you have to honour your notice period and in that time your employer can still proceed with any disciplinary action if needed.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Does this answer your query?

Customer: replied 6 days ago.
Thank you Ben for your sound advice...this does help me proceed...much appreciated

You are most welcome

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
Ben's advice was invaluable and very professional....to the point. He understood my situation acurately. I was pleased to deal with someone to give some peace of mind with my matter. Cannot recommend his services enough.

Thank you for the kind feedback