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NewExpertAS4920
NewExpertAS4920, Solicitor
Category: Law
Satisfied Customers: 384
Experience:  Experience in Litigation, Property, Family and Employment Law matters
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I have been suspended by my employer for 2 months for very

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good morning, I have been suspended by my employer for 2 months for very serious allegations which have proved to be untrue and whereas my employer had no valid reasons to throw these allegations. Has my employer committed a criminal offence towards me ?
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: I have discussed with an employment lawyer but not with a criminal lawyer
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am an employee and don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the allegations against me if they had been correct could have lead to immediate dismissal for gross misconduct or even imprisonment
Hi! I am Anu, a qualified solicitor in England and Wales. I will be assisting you with your query today. I may need to ask a few questions before I can address your query.Please bear in mind this is a chat service and there maybe delays in responding due to assisting other customers.
An employer has the right to investigate their employees. This does not amount to a criminal offence. Please confirm what were the allegations?
Customer: replied 1 year ago.
the allegations were for potential breach of competition law compliance and integrity due diligence
Customer: replied 1 year ago.
a company lawyer had already me of any wrong doing, the company had also made an investigation yet they decided to suspend me to do more investigations with the results that there was no ground for such allegations. My employment lawyer is already looking into this but I would like to know if my company has potentially committed a criminal offence by deliberately trying to destroy my reputation and career whereas they had no reasonable ground to do it. At the contrary, they had all the reasons not to do it
Customer: replied 1 year ago.
sorry, I meant " a company lawyer had already cleared me of any wrongdoing"
Okay. That is an employment law matter not criminal. As stated above the employer has the right to investigate matters. They can indeed suspend you during their investigation. However you are entitled to full pay during this period. Surely your employment lawyer will advice you further on your employment rights and options i.e. Breach of trust and confidence, option to raise a grievance, potential claim for constructive unfair dismissal etc. But this will not amount to a criminal offence.
I hope this answers your query
Customer: replied 1 year ago.
can the individuals working for this company be then liable of criminal conviction if we can prove that they used their influence to throw very serious accusations without a good reason to do it ?
Customer: replied 1 year ago.
their allegations against me were definetely putting me in a position where I was potentially liable of criminal offences
You could be a whistle-blower. You and other employees can jointly report the individuals to the CEO or directors of their criminal activities. However you must ensure you have all the evidence.
Customer: replied 1 year ago.
does it mean that I can not myself file a complaint against the individuals in a criminal court ?
For you to sue them their wrongdoings have to effect you personally i.e. A crime against you. If they have committed offences or wrongdoing against the company then you can only blow the whistle and potentially arrange a strike. You will not have a direct criminal action against them.
Customer: replied 1 year ago.
ok I understand this but these employees have harmed me by throwing unjustified allegations which have hurt my reputation and career
You should raise a formal greviance against these employees so they can be investigated. Your employment solicitor will surely advice you further on this. If you think you can no longer work for the company then you can try and come to an arrangement with your employer i.e. A settlement agreement.
I hope this answers your query today
Customer: replied 1 year ago.
I have already raised 2 formal grievances which have been ongoing for a month. I had my grievance meeting already. I have also been heard at a disciplinary hearing because the company has still not formally dropped the allegations against me. This will for sure go into a settlement agreement but what I would like to know is whether I can have a case in Court against the individuals who have thrown these unjustified allegations against me because I have very good documented reasons to believe that they have done it in the specific intention to harm me
As explained above you appear to have an employment case against them but not criminal.
Customer: replied 1 year ago.
ok thanks for your advice
It has been my pleasure. Please kindly accept my answer. Best wishes.
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