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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49838
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was involved in an incident at work & suspended weeks

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I was involved in an incident at work & suspended for 8 weeks . No clear reason for suspension given ? I was subject to an investigation carried out by a Senior Manager of equivalent grade to my Senior Manager he found no wrongdoing & suggested advice & guidance ! My Senior Manager chose to disregard this & charge me under our Code of Discipline , again with no clear identification of the charge / wrongdoing . I believe this manager will chair any hearing . Can I object & request independent chair .
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.firstly can you tell me how long you have been employed there and can you tell me the nature of the incident and if any witnesses present please.
Customer: replied 2 years ago.
Employed for 14 months . Nature of the incident was first on scene " Death in Custody " a prisoner had hung himself . My colleague & I entered the cell , my colleague went into trauma shock ( froze ) , I took the prisoners full body weight & tried to cut him down , my colleague then assisted me & we laid him on the floor . I checked for signs of life he was grey in face , no chest movement , no pulse , the ligature marks were very severe ! I believed he was beyond recovery ! I was not first aid / first on scene trained & did not know hat further to do !
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Many thanks for your patience. The issue here is that 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 or constructive dismissal. This means that your employer can dismiss you or force you to resign 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.).
This basically means that they are not required to follow a fair disciplinary procedure, even if the procedure they apply ends up being unfair or biased. Had you been there for over 2 years then they would have been required to follow a specific disciplinary code and failure to do so could make any disciplinary decision unfair, however that is not the case here as you do not get that protection.
You are of course entirely with your rights to request an independent chair but if the employer refuses, then you cannot challenge it legally.
I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 2 years ago.
My apologies for my reply to your answer , I fully realise now that your answer was based on legal requirement & that I had let my emotions cloud my judgement ! I also realised that I had given you inaccurate information in that I had given you the time of employment as 14 months . This was in my current grade with my employer , I have in fact worked in a lower grade which amounts to 5 years of employment within the organisation . Once again I apologise & thank you for your consideration . Happy to resubmit a marking of 5 !!
Hello again, thanks for clarifying. This will give you some more rights but nothing entirely specific. You could argue that the law requires an employer to conduct a fair disciplinary procedure so if there is going to be bias by letting this manager conduct the full procedure they should try and find someone else to conduct the disciplinary if he undertook the investigation.
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