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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49851
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been suspended with full pay based on allegations of

Customer Question

I have been suspended with full pay based on allegations of bullying and haressement, placing the contract in danger by talking inappropriately to the client, and failing to carry out management responsibilities to a reasonable standard. I have proof that one of my direct reports has been engaged in having staff file false claims against. Documented proof that the client admires and respects me, so much so that he has instructed my employers that no decision be made about me until he returns from vacation in 2 weeks. Can you please advise. I am only in position 5 months after giving up a very good job and renting my home in Dublin. My boss changed almost immediately I took the role and it's clear we don't get on. What options do I have. Thank you Mark
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Your options would be somewhat limited if the employer has decided you are guilty and wants to remove you from this position. That is because if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

If you were not paid your notice period when you were due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and you could make a claim in an employment tribunal to recover the pay for the notice period that you should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.

However, they will hopefully still allow you the opportunity to face a formal and fair disciplinary and you have the chance to answer the allegations and provide any defence available. It is just unfortunately that if the end result is dismissal that you have few options to take this further.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-zf86cn8l- : What if I can prove they have acted with malice? The claims against me are fraudulent. My contract states that CF would be my line mgr, when they knew that would not be the case and in fact the person I would be reporting to had been hired, without telling me. Surly this is breach of contract at the very least.
Ben Jones :

malice would not change anything here unfortunately - we are only looking at discrimination and the other limited reasons as the only valid ones that can be used to challenge a dismissal. The breach of contract point is rather minor unfortunately and will not change anything either - to claim breach of contact you must have suffered losses as a result and not having the named manager I do not see how it would have resulted in losses, assuming you still continued to receive your pay.

JACUSTOMER-zf86cn8l- : I wouldn't have left my job in Dublin had I know I would be reporting to this person. I was lied to basically. There has to be recourse. I gave up a £100k a year job, rented my house for 2 years, and now find I am working for a nazi. No, I didn't sign up for that. This is wrong.
Ben Jones :

whilst I understand frustration the law does not cover you much apart from what was said above - I can only advise you of your actual rights, I cannot make up an answer that resolves this, I am sorry

JACUSTOMER-zf86cn8l- : So there is nothing I can do?
Ben Jones :

Not for what you are after - you cannot be compensated for giving up the job - even if it was fully advertised and matched that, they could have still legally terminated you by giving you the required notice period - that is fully legal and you cannot challenge it

JACUSTOMER-zf86cn8l- : Well that sucks. What if I resign? My contract calls for 3 months notice.
Ben Jones :

you can resign and work through your notice period and be paid, however if in the meantime they find you guilty of gross misconduct they can dismiss you immediately without notice. Then if you disagree you can claim for breach of contract to seek the remainder of the notice pay

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Expert:  Ben Jones replied 3 years ago.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks