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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61737
Experience:  Qualified Solicitor
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I have been suspended over 10 weeks now but I have no idea

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Hi I have been suspended over 10 weeks now but I have no idea why other than they it is misconduct regarding text messages that I have sent. I have been told that they do not have to tell me what these messages are.
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: I was told to contact my service provider to retrieve old texts but the service provider says they do not keep any records of text messages but I have spoken to the police who say service provideds do keep this information so how do I stand about getting these messages?
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Self employed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of

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.

how long have you worked there for an what is your question in relation to this please?

Customer: replied 8 days ago.
5 years the question is to try how to get my old texts so I can discover what I have done to get me suspended

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.

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.

 

In terms of reasons for suspension and details of the allegations it is true that they do not have to give you these right now and that only happens once you are going to face a formal disciplinary hearing for it. So until you are invited to a disciplinary, they do not have to give details of the allegations.

 

Does this answer your query?

Customer: replied 8 days ago.
I have been to a final interview they told me it was text messages but no content given I was told to get my service provider for my back text messages and if i disagre to go back to them but service provider say don't keep records but police say they must have records but how do I get them thanks Dave
Customer: replied 8 days ago.
When can I get the phone call

Just a quick clarification on phone calls – the pop-up offering you the chance to request one is automatic and I have no control over it. Therefore, if you request a call back there is no guarantee that I, or anyone else, would be available to fulfil it. At present, due to outside commitments, I cannot take calls but your request is open and visible to all other experts. If someone is available, they will accept it and call you, but if no one is free, then it will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response and that is the part I will continue helping you with.

 

Going back to your query, it is rather rare for providers to release text message data and they would usually only do so if the police make a specific request as part of an ongoing investigation or the courts issue such an order. You can also try to approach them and state you are requesting them under data protection regulations by making a subject access request.

 

Does this clarify things a bit more for you?

Customer: replied 8 days ago.
I would like to cancel my phone request and thank you for your help in this matter I understand l won't be charged for a non call thanks David

Yes, you can of course get a refund for the phone call charges. Could you please leave your rating to close the question and I can then submit a request to customer services to issue a refund. Many thanks

Customer: replied 8 days ago.
Hi my rating is very good i think your info could get me the answers I need thank you david

Most welcome, could you please select the stars at the top of the page to lose the question and that would be the end from your end, thank you

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