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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5438
Experience:  Over 10 years experience in general legal matters
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I was suspended by my employer for bring the company info disrepute:

Resolved Question:

I was suspended by my employer for bring the company info disrepute: having been arrested for viewing illegal internet pornograph.
Submitted: 1 year ago via InBrief.
Category: UK Law
Expert:  Jenny Mackenzie replied 1 year ago.
Hello and welcome to Just Answer, what would you like to know about this?
Customer: replied 1 year ago.

I have no clause in my contract that my employer can do this; and as I have not been charged with an offence seems. It seems rather early for this kind of reaction.


 


 


My question is what I can do if they attempt disciplinary action?

Expert:  Jenny Mackenzie replied 1 year ago.
Hi how has your employer found out about this?
Customer: replied 1 year ago.

Due to low staffing levels I needed to arrange time off to return to the police and told my manager who then informed our area manager who then spoke to HR.


 


So far I am had a formal recorded discussion withe area manager; and mentioned I have a sex addiction and ongoing depression.

Expert:  Jenny Mackenzie replied 1 year ago.
How long have you worked for the employer for?
Customer: replied 1 year ago.

7 years with a clean record

Expert:  Jenny Mackenzie replied 1 year ago.
Hi do you admit the allegation ?
Customer: replied 1 year ago.

I have not brought the company into disrepute as it is not public knowlege. My lawyer is talking to the police next week about police caution next WK.


 


 


 

Expert:  Jenny Mackenzie replied 1 year ago.
Hello and sorry for the delay, I asked whether you have admitted to the allegation of the police?
Customer: replied 1 year ago.

No as they have not completed their investigation.

Expert:  Jenny Mackenzie replied 1 year ago.
Ok but in admitting a sex addiction to your employer have you admitted that there is merit in the police allegation?
Customer: replied 1 year ago.

No; ,but it could be how they have intepretated it!

Expert:  Jenny Mackenzie replied 1 year ago.
Ok thanks, XXXXX XXXXX a difficult situation. In law an employer does not have to have the same burden off proof as is required in criminal matters that you are guilty of the act that is alleged.

Cleary an act such as the one that is alleged, even is committed out of work, can have ramifications on a persons employment. Particularly if the allegation is one which could cause concern for the employer either by brining the employer into disrepute or for the potential of it or the risk of potential harm to another member of staff or a member of the public. You yourself in your opening question felt it relevant to mention that you have access to children in the workplace.

Your employer does not have to wait for disrepute to occur or for harm to occur or even for a conviction to take action so there is nothing wrong with the fact of the suspension at this stage, even if it is not specifically mentioned as a possibility in your employment contract or handbook.

In deciding whether to go forward to a gross misconduct or a some other substantial reason dismissal the employer must act reasonably. You have mentioned health issues to the employer and these should really be investigated to see if any reasonable adjustments can be made in the event that depression is classed as a disability under the Equality Act, it might be if it is long term and has a significant impact on your day to day activities. A sex addiction is specifically excluded as a disability under the Equality Act.

If the employer does not act reasonably in the proceedings and you are dismissed then you would potentially have a claim for unfair dismissal and or disability discrimination in respect of a failure to make reasonable adjustments in respect of your depression. At this stage it is not possible to say, I would advise you take further advice should the need arise in the future.

If you have any follow on questions please do ask. If I have answered your question I would be grateful if you would be so kind as to give my answer a positive rating as I am not otherwise credited for my time. Thank you and all the best for the future.
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5438
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and other UK Law Specialists are ready to help you

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Jenny Mackenzie
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Over 10 years experience in general legal matters