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Steven Haylesbury
Steven Haylesbury, LLM (master of laws)
Category: UK Law
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Experience:  LLB (hons) LLM (master of laws)
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can an employer suspend an employee without pay pending investigations

Resolved Question:

can an employer suspend an employee without pay pending investigations of allegations for abuse of vulnerable residents in a care home - the contract of employment provides for this.
Submitted: 5 years ago.
Category: UK Law
Expert:  Steven Haylesbury replied 5 years ago.
Well if they have acted in accordance with the contract then yes they can. What exactly does the contract say with regards XXXXX XXXXX?


Steven
Customer: replied 5 years ago.
The contract states " If you are suspended following allegations of Abuse your suspension will be without pay. If following the investigation the allegations are not substantiated you will then be reimbursed for any loss of earnings" The suspension is is for allegations of abuse.
Expert:  Steven Haylesbury replied 5 years ago.
Ok, in this case the suspension without pay would be fair. Were you informed of this at a disciplinary hearing before the suspension was made. And were you informed of the charges against you in writing before the meeting?


Steven
Customer: replied 5 years ago.
yes - was informed in writing
Expert:  Steven Haylesbury replied 5 years ago.
Does the contract state that any time limit for this? I think the key to the process in terms of fairness is how long they keep you on suspension without pay as technically they have a legal right to do so in the first place.

Have you been given any schedule and when was the suspension implemented?

Also for how long have you worked there?


Steven
Customer: replied 5 years ago.
worked for 2 year on part time basis (20hrs or so). Suspended for "abuse" but no details of allegations given. The police are investigating at the moment.
Expert:  Steven Haylesbury replied 5 years ago.
What was the date of the suspension?


Steven
Customer: replied 5 years ago.
suspended 5 January
Expert:  Steven Haylesbury replied 5 years ago.
And there has been nothing from the company since then, letting you know the details of the allegation and how long their procedure is to last and when you might be expected to return to work?


Steven
Customer: replied 5 years ago.
nothing as yet
Expert:  Steven Haylesbury replied 5 years ago.
Ok i think you should raise a grievance with the employer regarding this. ACAS in their code of practice state that you should be kept abreast of the investigation and informed as to the likely duration of your suspension.

The fact that they have failed to do this is further exaggerated by the fact that this suspension is only in response to a suspension and that it is without pay.

Once you have submitted the grievance and met with the employer it may well be an option to claim unfair dismissal if there is a dismissal.

If there is no dismissal we might consider the period of time without pay as constituting a dismissal or take their shocking lack of procedure as warranting constructive dismissal.


Steven
Steven Haylesbury, LLM (master of laws)
Category: UK Law
Satisfied Customers: 765
Experience: LLB (hons) LLM (master of laws)
Steven Haylesbury and 2 other UK Law Specialists are ready to help you

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