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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
Satisfied Customers: 38834
Experience:  Expert in UK Employment Law
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hello, the incydent looks like that: Me, my friend Anna and

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hello, the incydent looks like that: Me, my friend Anna and M.B we have been serving meals for residents.Becouse the situation all day wasnt good, Anna(she was in charge )she want to explain the situation. I was turned to the troley and I couldnt see them. Anna ask MB nicely and quiletly that he could not mention her name to anybody after work especialy K.P(she is working there as well), MB get angry and start swear,shout on me(whwn I didnt say a word), He shout:Its f**king her, u f**king blame her!!! and he piont my face with his finger, I told him to stop shouting on me.He didnt , he still shout.Anna try to explain its not my fault. He still shout on me. I try to calm him down(becouse we knew he had a heart attack about month ago, and he is on chemio). I still try to stop him to shout on me and push me, I said:Dont shout on me, stop it, Im not your daughter, then he turn to me and put his open hand on my face and push me on Dining room doors. I try to stop him and still shout to stop push me and that he could leave me alone. And I slap him, becouse I didnt know what to do. After that he went on me with fists, I stand there and didnt move, I was in shock, My friend Anna grab my hand and pull me in Dining room, The cook seen this part of incydent and he told MB that:was out of order!!!MB said that he is going to ring to manager(his friend from childhood),and he went out the building. Me and Anna try to finish dinner and calm residents, after 5 minutes My manager rang and ask what happened, Anna explain everything. Next day me and Anna were took to office and spoke with manager, and we have been told that we need to keep this in secreet becouse If owner find out about it we all get wrong and my loose job, And we ask her that he hit his wifes , and she said yes. My manager said to me and Anna that he not going to be back to work after this so we dont have to worry, but after week he come back(he rent her sons house), me and Anna were in shock. Now I get suspended becouse I told my manager that I m going tell owner about everything, becouse that is not fair, Becouse If I will do something like that to him I would be out of workplace straight away becouse Im Polish and he is English. What I supose to do now?
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 assist you with your question today. For now please let me know how long you have worked there.

JACUSTOMER-uyfucqmj- :

3 and half year

JACUSTOMER-uyfucqmj- :

hello?

JACUSTOMER-uyfucqmj- :

are u there?

JACUSTOMER-uyfucqmj- :

excuse me?what is going on?

JACUSTOMER-uyfucqmj- :

are u try to cheat or what?

Ben Jones :

Hello sorry about the slight delay, have you been told what will happen now that you have been suspended? Also what is the exact reason for your suspension?

Customer:

yes I ve been, got a letter ALLEGED GROSS MISCONDUCT WHEN ON DUTY ,They said I need come on meeting on wednesday at 9.30 bring my statements,but on last friday I got txt from manager that my Boss want my and all whitnesses statement so she can read is that right?

Expert:  Ben Jones replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

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Expert:  Ben Jones replied 1 year ago.
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.

It is possible for an employer to require you to provide any statements in advance of the meeting so that they can familiarise themselves with them, however make sure that this meeting does not become a disciplinary and that you are given ample warning of that.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38834
Experience: Expert in UK Employment Law
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