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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70925
Experience:  Qualified Employment Solicitor
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I am currently suspended from work can my employer invite me

Customer Question

I am currently suspended from work can my employer invite me for disciplinary without inviting me for investigation
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: no as I was suspended as there are 3 whistleblowers I’ve had nothing in writing or by email to discuss any of this
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee and unfortunately no longer in the union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: will there be a cost for this
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ben Jones replied 15 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 15 days ago.

Hi there. Can I just check how long have you worked for this employer please?

Customer: replied 15 days ago.
Over 2 years do not have exact dates on me
Customer: replied 15 days ago.
I am unable to pay the 44 today as I haven’t enough on my card and my husband is at work
Customer: replied 15 days ago.
July 2018 till presant
Expert:  Ben Jones replied 15 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Being placed on suspension is not an automatic indication of guilt and does not amount to formal disciplinary action. Whilst it can be the start of a disciplinary process, it is certainly not a given that it will end up that way.

Suspension is primarily used as a precautionary measure in more serious cases, whilst the employer investigates any allegations against an employee. Reasons for suspending could be in the case of gross misconduct; breakdown of working 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.

As suspension can still have a damaging effect on the employee’s reputation, its existence and reasons for it should be kept confidential, where possible. If it is necessary to explain the employee's absence, an employer should discuss with the employee how they would like it to be explained to colleagues and/or customers before it is communicated.

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, without unreasonable delay.

On suspension, the employer could potentially provide the bare minimum of details. They could simply provide a basic reason for it, without going into any further detail, like the specific allegations or provide any evidence. As this stage, the employee is not formally expected to defend themselves and any investigation will simply ask them to provide details from recollection without the need to officially prepare any sort of defence.

As far as the investigation goes, you would usually be expected to be involved in this although that is not mandatory and it depends on what the allegations are and if the employer can investigate without your direct involvement. It is going to be case-specific.

If the investigation provides enough evidence to justify disciplinary action, the employee has the right to be informed in advance of the allegations and provided with the evidence to be used against them. That will give them the opportunity to prepare a defence for the forthcoming disciplinary hearing. They also have a right to be accompanied by a colleague or trade union representative.

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, without further action.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 14 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.