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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73906
Experience:  Qualified Solicitor
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I have been suspended at work for a non related work

Customer Question

I have been suspended at work for a non related work incident, please can you help
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: Not yet
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: marketing Director, no union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I would like to get advice on if the incident is work related, (I dont believe it is). And then find a solicitor to come to my meeting with me. I am happy to pay any fees.
Submitted: 14 days ago.
Category: Law
Expert:  Ben Jones replied 14 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 14 days ago.

Please explain your situation in some more detail

Customer: replied 14 days ago.
Yeah sure, Thank you Ben
Expert:  Ben Jones replied 14 days ago.

Thank you. I will wait for you to explain your situation in detail

Customer: replied 14 days ago.
Could we arrange a call instead.. It might be easier?Are you a UK based employment solicitor?Thanks, Rob
Expert:  Ben Jones replied 14 days ago.

Hi there Rob. Just to clarify, the pop-up offering you the chance to request a phone call is automatically generated by the site. You are free to request a call and if an expert is available, they will accept it and call you. If no one is free, then your call request 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.

Customer: replied 14 days ago.
I am happy to pay for a phone callI am sure it will be easier
Customer: replied 14 days ago.
If the call is with a UK based employment solicitor?
Customer: replied 14 days ago.
Expert:  Ben Jones replied 14 days ago.

OK no problem. As mentioned, your call request will remain open until it is accepted or you decide to cancel it. In the meantime, you have already paid for a written response so if you explain your situation in writing, I will get back to you on here

Customer: replied 14 days ago.
I have been reported at work for a non-work related incident. I have since been suspended and would like to know if this is legal.I would like to identify if the matter is work related or not please, so I know what further action to take.
Expert:  Ben Jones replied 14 days ago.

Yes I understand but in order to assist you, I need to know the circumstances please. What non work related matter are you referring to please? How long have you worked there for? etc.

Customer: replied 14 days ago.
I am a director and have worked for/started the company 5 years agoThe incident was at a non work related party 2 weeks ago and a complaint was made to work about it.
Customer: replied 14 days ago.
A complaint was made to HR at work 3 days ago, although the incident was at a non-work related house party.
Expert:  Ben Jones replied 14 days ago.

What incident? If you would like me to advise, you will need to explain your situation please

Customer: replied 14 days ago.
It is suggested that I made a sexual gesture to a colleague that works in a different department. I have known this person before work and this was outside of work.Apparently this is a work related matter (because we work together), although I don't believe this has anything to do with work and I should not have been suspended.
Customer: replied 14 days ago.
Firstly, it would be great to get an understanding on if the suspension is legal, they have given me 8 hours to respond to if I want to quit, or "have my name draggeed through the mud"
Expert:  Ben Jones replied 14 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; 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.

Hi I am actually available for a call if you still wanted one

Expert:  Ben Jones replied 13 days ago.

Hi there, I will reply in writing instead as I won’t have time for a call any more.

Going back to your query, bear in mind that being placed on suspension is not an automatic indication of guilt and does not amount to formal disciplinary action. Whilst it can be the start of a disciplinary process, it is certainly not a given that it will end up that way.

Suspension is primarily used as a precautionary measure in more serious cases, whilst the employer investigates any allegations against an employee. Reasons for suspending could be in the case of gross misconduct; breakdown of working 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, without unreasonable delay.

On suspension, the employer could potentially provide the bare minimum of details. They could simply provide a basic reason for it, without going into any further detail, like the specific allegations or provide any evidence. As this stage, the employee is not formally expected to defend themselves and any investigation will simply ask them to provide details from recollection without the need to officially prepare any sort of defence.

If the investigation provides enough evidence to justify disciplinary action, the employee has the right to be informed in advance of the allegations and provided with the evidence to be used against them. That will give them the opportunity to prepare a defence for the forthcoming disciplinary hearing. They also have a right to be accompanied by a colleague or trade union representative.

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, without further action.

In terms of the reasons for suspension, the employer is not only able to suspend for work-related matters. In the end, they can also suspend for anything that is not work-related as long as it has an impact to the company, such as reputational damage or your actions placing the company into disrepute.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.