How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38291
Experience:  Specialist in UK Law with expertise in UK Employment Law
Type Your UK Law Question Here...
Ben Jones is online now
A new question is answered every 9 seconds

Hi there, I work in the stairlifts industry working with the

Customer Question

Hi there, I work in the stairlifts industry working with the vulnerable and i am up for an alleged sex assault by touching charge which i have pleaded not guilty as i havn't done anything wrong. i am due to go to court for trial in September. Since the alleged allegation i have been straight forward and truthful to my directors and and told them what was happening at every step. They were still letting me go out on home visits as they know i am not a danger to the public. There was a small caption in the local paper in March which they only found out about last weekend due to a neighbour mentioning it. They have now suspended me pending investigation because of this press release which happened 2 months ago which has been and gone. It doesnt link me with working for the firm so i cant see how i have brought the company into disrepute. there argument is that i dont have a common name and live in a small town. Do they have the right to fire me or hopefully at worse suspended me on full pay until we know the outcome in September. They have also taken my company car away which i pay tax on which i understand is a breach. Could i please get some advice? What do you think my chances are
Submitted: 1 year ago.
Category: UK 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.
Customer: I have worked there for nearly 2 years at present, I also worked for them for a year back in 2007
Customer: Also, I have carried out my normal duties with occupational therapists and visiting homes and nothing has been mentioned. They want me to defend myself but how do i defend myself with something that has been in the paper 2 months ago. I cant help what the press print. I am good at my job at meet all my targets
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?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
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.

In relation to the car, you are entitled to your normal terms and conditions and benefits during the suspension so if you have unconditional use of a car then that should have been left for you to use.

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
Customer: replied 1 year ago.
Would you class this as an example of gross misconduct? After all, i can't help what the press print and they have let me carry on working up until this point.
Expert:  Ben Jones replied 1 year ago.
The issue is not the article that has been published but whether, after a reasonable investigation, the employer genuinely believes you were guilty of what you were accused of. Another consideration would be whether this has indeed placed the company into disrepute, if there is enough information to link you to the article and the company
Customer: replied 1 year ago.
To them i think the issue is the article as they let me carry on working even though i have been completely honest with them since day one. The article doesn't link me to the company whatsoever but what they are saying is because my name is XXXXX XXXXX common one and i live in a small town (even though the majority of my work is on the road) then there is a link. Surely this is racist! Are they saying that if my name was common then it wouldn't be so bad? who knows!
Expert:  Ben Jones replied 1 year ago.
this is not racist I'm afraid, it is a valid point - if your name is XXXXX XXXXX and you can be linked to the company then that is relevant. It does not mean that it would automatically justify dismissal though
Ben Jones, Solicitor
Category: UK Law
Satisfied Customers: 38291
Experience: Specialist in UK Law with expertise in UK Employment Law
Ben Jones and 4 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.
Thankyou for your help. I feel i do have a good case as the directors didnt even see the local paper, let alone alot of other people outside of my area.
Expert:  Ben Jones replied 1 year ago.
just wait and see what happens, if this results in a dismissal then at least you know you can appeal first before considering an unfair dismissal claim in the employment tribunal.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice