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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55180
Experience:  Qualified Solicitor
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I have been suspended from work,due to certain allegations.I

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I have been suspended from work,due to certain allegations.I have received a letter from my Company,outlining the case to investigate.I have to admit that some of the information that they possess may be true.What do you suggest is it best to resign before it goes further and is on my record?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Please can you provide some background information on the circumstances that have led to your suspension? Also, how long have you worked for this employer?

Customer: replied 12 months ago.
I have worked since approx 2006 in a fully employed status.The Company appears to be experiencing financial difficulties and some in the office talk regularly about these issues.Obviously I have concerns about my future,the problem is that it appears that one of my colleagues has referred info to our MD and the suspension has been served today.

OK, thank you for your response and for the phone call request. I am not available to talk at this present time but leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. 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.

Whether you dight the allegations or resign is up to you to be honest. It depends on how much evidence the employer has, how serious the allegations are, the chances they could justify a dismissal, etc. You know the circumstances much better than me so you will have a better feel of whether this is likely to end up in dismissal or not.

If you did decide to resign, you would generally be expected to serve your notice period, although if you left without it the risks are relatively low, in a sense that it is very rare for employers to take it further. They could however say that you had resigned in breach of contract, pending a disciplinary investigation. The alternative is to approach them and see if they are agreeable to release you in return for you leaving immediately and they would drop the investigation as well. That is the better option as at least you know where you both stand and there would be no nasty surprises.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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