I have been suspended from work for posting a derogatory remark about my boss(nowhere on my profile does it say where i work). Where do i stand?? Any help would be greatly appreciated. Thank you
Province/Country relating to question: United Kingdom
Contacted my union who realy cannot help until i hear from my employers
Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?
I was TUPE over from another company so have worked for this company 1 year but in total 4 years
Being placed on suspension is not necessarily an indication of guilt and there is no guarantee that this will go any further. Under employment law, an employer has a duty to conduct an investigation before taking formal disciplinary action and the suspension is primarily used as a precautionary measure by an employer whilst they carry out their duties. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.
Saying that, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is acceptable to be suspended if there is an allegation of gross misconduct or if the presence of the employee in the workplace could potentially damage any investigation or have some other negative impact.
If the employer’s investigation shows enough evidence to justify formal disciplinary action only then should they consider going down the formal disciplinary route. If that does happen the employee will get the right to be informed in advance of the allegations against them and also get the opportunity to formally defend them.
On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop this issue and allow the employee to return to work as normal.
Thank you so the next step is disciplinary action...im am defending this purely on the basis my boss and me do not get on and he has made this blatantly obvious on several occasions. Can i be sacked for this??
not necessarily though - it is an option but there is no guarantee it will go to a formal disciplinary. Dismissal is a possibility unfortunately
Thank you i am still awaiting the letter to formally tell me i am suspended....how long can my employer keep me waiting on this...i am stressed and very anxious
they should only suspend for a reasonable period and no longer than is reasonably necessary to conduct an investigation, so it should not be that long, it could be a couple of weeks
Thank you very much appreciated...i am on holiday from next week and am going away can i still go whilst on suspension?
was it prebooked before the suspension?
yes it was
then it should be ok as long as you remind the employer
Im not allowed any contact with employer/employees whilst this is ongoing so is it ok to email them?
you can till contact the employer - they should have given you a point of contact
Nothing has been told me regarding this was just read a piece of paper informing me i was suspended and on what grounds and told to leave site immediately.
ok just contact your line manager then by email and state you are contacting him as you have not been given any other point of contact
Expert in UK Employment Law
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