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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 68112
Experience:  Qualified Employment Solicitor
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I have been suspended from work since last september and

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I have been suspended from work since last september and waiting on a disciplinary hearing however though my employers were aware that my wife had died and that i was struggling with depression i have not had any communication from them at all since february
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: I contacted the hr department way back in march and i was told that they were discussing with the unions the best way to proceed due to the pandemic and have heard nothing since
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 and i dont belong to the union but i would have thought that they would have had a duty of care towards me?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I was allocated an liaison officer but have not heard from him since february until i received a text in june asking me if it was ok for him to ring me to see if i was ok which i found a bit strange

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? 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 8 days ago.
I have worked there for 5 years and 6 months and my question is can they still go head with the disciplinary without taking into consideration my mental state and luck of communication and duty of care on their part??

Have they said they are scheduling a disciplinary at this stage or are you still waiting for that?

Customer: replied 8 days ago.
I have not had a communication what so ever from them

Ok thanks. Whilst suspension is not an indication of guilt, it should not be used frivolously and should only be applied when needed. Also, they should not just suspend you and leave you with no updates or information, which for 5 months now is unacceptable, especially considering your mental health state.

On that basis, you can contact them to raise your concerns about the way they have handled this and ask at least for some updates. At the same time you can update them yourself on your health and the need for further time off if needed and your inability to deal with any potential disciplinary and that they should be keeping in touch with you to find out how you re progressing and when you are in a state to potentially deal with this.

Does this answer your query?

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