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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 67910
Experience:  Qualified Employment Solicitor
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I have worked at a small engineering company for last 25

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I have worked at a small engineering company for last 25 years and was sent home yesterday suspended for alledgedly attacking another employee which is a complete fabrication
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: No
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 the company does not recognise any unions
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

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 so I may not be able to reply immediately. Rest assured that I am dealing with your query and will get back to you the same day. Thanks

Customer: replied 5 days ago.
What course of action should I be taking if I have been falsely accused of something I have not done. They sent me home yesterday and said I would receive a letter shortly

Many thanks for your patience. The starting point is that 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.

For now all you can do is wait for the employer to decide on what to do next and maintain your position on what did (or did not) happen. Ask them for witnesses evidence to corroborate the allegations, which if did not actually happen, will be difficult for them to provide. In the end, it is very difficult for them to justify any more serious action, like dismissal, for someone with 25 years service and no direct evidence of the alleged wrongdoing.

Does this answer your query?

Customer: replied 5 days ago.
thank you

All the best

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