Get UK Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know how long you worked there?
2years and 6months I do not have any warning or anything I have always thought I was getting on ok
Thank you for your patience. 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.
So at this stage you are innocent until proven guilty and must remember that a suspension is not a punishment, rather a precautionary measure.