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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61764
Experience:  Qualified Solicitor
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I work in childcare and one of my colleagues has made an

Customer Question

Hi, I work in childcare and one of my colleagues has made an allegation against me which I’m still not aware of what it is yet
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: yes my manager is aware and has suspended me until the investigation is done
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I’m an employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: nope
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.

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.

Customer: replied 14 days ago.
Hello Ben, that’s fine
Expert:  Ben Jones replied 14 days ago.

How long have you worked for your employer and what would you like to ask about this?

Customer: replied 14 days ago.
Can we carry on with messaging?
Expert:  Ben Jones replied 14 days ago.

Sure. Please provide the information reqeusted

Expert:  Ben Jones replied 14 days ago.

How long have you worked for your employer and what would you like to ask about this?

Customer: replied 14 days ago.
I have been working with my employer for 8 months now
Expert:  Ben Jones replied 14 days ago.

Thanks and what would you like to ask?

Customer: replied 14 days ago.
The allegation that has been made could potentially ruin my career and go on my dbs which means I will never be able to work in childcare. I would like to know what my rights are
Expert:  Ben Jones replied 14 days ago.

Thank you. 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 14 days ago.

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.

 

If this is reported to the DBS, they will also have to carry out their own investigation before it is recorded on the DBS record so you still have plenty of opportunities to challenge this and defend yourself.

 

Does this answer your query?

Expert:  Ben Jones replied 13 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 12 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you