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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61762
Experience:  Qualified Solicitor
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I have been suspended from work for a breach of

Customer Question

I have been suspended from work for a breach of confidentiality I've worked there for 25 years and it actually hasnt anything to do with my job but my job as a manager of an after school club
Assistant: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: The head teacher contacted HR and they suggested the suspension until further investigation
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and yes I do belong to a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: What I have done is gone onto our school website directed by a school governor to read minutes from their meeting related to our after school club I have shared this with another member of staff within school
Submitted: 12 days ago.
Category: Law
Expert:  Ben Jones replied 12 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.

Expert:  Ben Jones replied 12 days ago.

What do you specifically want to know about this please? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 12 days ago.
Legally were do I stand can I loose my job or should I go through my union
Expert:  Ben Jones replied 11 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 you did not have the authority to share these minutes, that could indeed amount to a breach of confidentiality but I am hoping that with the very long service you have behind you and, hopefully, clean record, this should not result in immediate dismissal but a formal warning at most. Also, if you are a union member you may as well use them to assist you as you see fit - after all, that is what they are there for.

 

Does this answer your query?

Expert:  Ben Jones replied 11 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 9 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