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Ben Jones, UK Lawyer
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Ive been accused of scratching a member of staffs car! my

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I've been accused of scratching a member of staffs car! my company clearly states that will not be held responsible for any damage or thief in its car parks. there is no witnesses and poor CCTV footage of people walking past the car and nothing clear enough to say if i did or didn't allegedly scratch his car, but i have been suspended pending further investigation. Please advise as my name is XXXXX XXXXX at work in my absence and possibly my job on the line.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Did you scratch the car? Also how long have you worked there for?
Customer: replied 3 years ago.


six years


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 without any further action or stigma attached.
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