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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38844
Experience:  Expert in UK Employment Law
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Ive been put on suspension whilst an investigation is under-way

Resolved Question:

I've been put on suspension whilst an investigation is under-way i'm a trainee at ladbrokes and i've been accused of bet inconsistencies...I've never done anything untoward in the industry and the stress of this suspension and interrigation i was subject to last week has caused my stress levels to reach heights I never thought possible. I'm considering resigning due to not being able to cope with the stress as well as this causing me to miscarry a few days ago...this is my first time working for a big company If i was to resign prior to getting a possible dismissal am i able to do this ? also how will this effect my job record?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know how long you have worked there?

Customer:

I only started on the 13th of March this year

Customer:

Sorry My Name Is Aden,

Ben Jones :

First of all, being placed on suspension is not necessarily an indication of guilt and there is certainly 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 suspension is primarily used as a precautionary measure whilst that is taking place. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.


 


Nevertheless, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is however 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 collects enough evidence to justify disciplinary action only then should they consider going down that route. If that does happen the employee has the right to be informed in advance of the allegations against them and will get the opportunity to formally defend them at the disciplinary hearing.


 


On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop the issue and allow the employee to return to work as normal.


 


There is nothing stopping you from resigning whilst on suspension but you would be expected to work your full notice period and during that time the employer can still go ahead with a dismissal if they want to. So they could either do that or say in a reference that you resigned during a suspension.

Customer:

I have a disciplinary meeting on tuesday, I wasn't in a fit mental capacity to be questioned when I was on the 29th in the investigation. SO on that basis I fear that I will more than likely have a mark against me, if not dismissal.

It's still unbeknown to me what it is exactly that it is I've been accused of. all i've been informed of is "bet inconsistencies" which could mean absolutely anything.

Ben Jones :

they need to give you proper details as well as any evidence before the disciplinary so that may still come

Customer:

i received a letter saying I have to attend and seek a union rep if i require one, but no addition information has been provided, so I cannot see how I'm suppose to get a union rep and have both myself and them prepared for the hearing when I have to provide the details of my union rep and have them contact the company by tomorrow...And i recieved the letter this morning.

Ben Jones :

the issue is that this is what the law requires but if they fail to adhere to it there is little you can do because you do not have the required length of service to challenge it - you need 2 years service to be able to claim for unfair dismissal, which would also include procedural errors

Customer:

They also commented on my personal appearance in this letter, this is due to me having blue hair and piercings, but I was hired with these and I had said to my interviewer I am more that willing to change my hair colour and remove my piercings if they require, which he said no I can keep them,

I'm aware that I can't claim anything via unfair dismissal, I wouldn't want to I just want to get this situation out of the way as soon as possible, but I'm not sure as to how I go about resigning and how this would look on my job record. or do I not have to declare this as I AM still classed as a trainee or is this being misleading?

Ben Jones :

you are still employed by them so you will have to include this as your last employment if asked. How this affects your record very much depends on how the employer deals with it and what they put in a reference, I am afraid only they know that so it is impossible to predict at this stage.

Customer:

I don't have to request a reference from them for future jobs though? I can use my other previous employers?

Ben Jones :

no tou do not, unless any future employer specifically needs a reference from you last employer,which would be this one

Customer:

Okay, thank you anyway.

Ben Jones :

My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you

Ben Jones, Solicitor
Satisfied Customers: 38844
Experience: Expert in UK Employment Law
Ben Jones and 2 other UK Employment Law Specialists are ready to help you

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