UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

My daughter has been suspended from Sainsburys this evening…

Customer Question
My daughter has been suspended...
My daughter has been suspended from Sainsbury's this evening and she has received a letter saying "Dear XXXXX I am writing to confirm following the incident of alleged gross misconduct on 05 march 2012 namely a complaint made of inappropiate use of a social networking site you have been suspended on full pay until further notice
We will contact you to arrange a meeting to discuss this further
During your suspension we would ask you not to enter the store etc".
This was a private facebook page and only open to her chosen friends. Is this
allowed?
Submitted: 6 years ago.Category: UK Employment Law
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 1 minute by:
4/5/2012
Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Employment Law
Satisfied Customers: 71,429
Experience: Over 5 years in practice.
Verified
How long has she been employed with them?
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
Year and a half
Customer reply replied 6 years ago
sorry can't access HR policy at this time not can
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,909
Experience: Qualified Employment Solicitor
Verified
Hello and thank you for your question, which I will be happy to assist you with. My colleague asked me to look at this as its my area of law. Please let me know what is her account of the gross misconduct?
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
Jessica is sitting beside me and i will try to report what she said:
She was told the meeting was regarding comments ishe had made on facebook they never refrerred to Gross misconduct in the meeting just in the letter, they obviousely had a copy of what Jessica said in her status which was something like, Jessica was venting her frustration at her previous boyfriends behaviour as he was coming into her work and wathcing her. At this time he was not one of her "facebook friends" so he should not have been able to see the post but she posted it to her other freinds as a form of talking out loud the words she used were " Dont come into my work and make me feel uncomfortable go to f**king tesco's" Jessicas previous boyfriend was not supposed to see this as he was not a freind in facebook does that assist?
Customer reply replied 6 years ago
the letter states this happened on 5th March yet this is the 5th April one month later and she has been allowed to work so it seems rahter odd to have such a time delay.
I have just reitred from th epolice so RIPA Act is mulling around Right to private life etc etc. If it was on an open facebook page we could maybe see the stores point but it ws a private page to "friends" and it appears someone has printed this out and "shafted her"
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Thanks for this information. I'm just travelling at the moment but I will pick this up soon if thats OK?
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
yes sure call me on XXXXXXXXXXX when you want to talk
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
We are not allowed to do that but I will come back soon. Thanks.
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
ok what ever way suit's you
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Thanks.
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
i keep getting email saying you have made a response but cant see the response
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
Apologies for the slight delay, I experienced some temporary connection issues earlier. Being placed on suspension is not necessarily an indication of guilt and there is 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 the suspension is primarily used as a precautionary measure by an employer whilst they carry out their duties. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.

Saying that, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is 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 shows enough evidence to justify formal disciplinary action only then should they consider going down the formal disciplinary route. If that does happen the employee will get the right to be informed in advance of the allegations against them and also get the opportunity to formally defend them.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop this issue and allow the employee to return to work as normal.

Please press Accept for the advice given so far. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
I am aware of all the infomration you have given thus far I already know this stuff.
I see there is no infomration re the facebook issue which is why I contacted you thats the issue.
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
There is currently little case law on issues regarding dismissals as a result of comments made on social networking sites, such as Facebook, although it will undoubtedly become more and more common with time.

Whether or not an employer can take disciplinary action or dismiss an employee as a result of their activity on a social networking website is a tricky issue. A balance must be struck between an employee's right to private life, which is a basic principle under human rights regulations, and the employer's right to protect its business and reputation as well as its employees.

Employers should only take formal action against employees' use of social networking websites where there are valid concerns about this having a detrimental effect on the business, including any adverse effect on other employees. Legitimate reasons would include serious breach of commercial confidentiality, or where the comments would clearly cause damage to the business's reputation. Finally, employers should only take action that falls within the band of reasonable responses in the circumstances.

So if the settings were private or if there was no way of identifying the company from the comments, formal disciplinary action or dismissal is likely to be unfair.

If the comments concerned another member of staff and that person saw them or a colleague took offence, disciplinary action can be justified although the punishment would need to be determined in line with established employment law principles. These would include examining the nature of the comments and how serious they were (e.g. racist, sexist or other seriously offensive comments could justify dismissal), the employee’s disciplinary record and length of service (the longer one has worked there and if their disciplinary record is clean, the more an employer should think about issuing a warning rather than dismissing).
Ask Your Own UK Employment Law Question
Customer reply replied 6 years ago
its a better answer, but agin I have provided the infomration for you. maybe you should employ me
Customer reply replied 6 years ago
this is a tricky question about face boob so thats why i came to you .
There must be some case law on it and I would like it please so a little more reading before we close
Speak tomorrow
Solicitor: Ben Jones, UK Lawyer replied 6 years ago
you have asked a question, I have provided an answer. No case law on facebook yet, you still need to look at the general employment law principles that go back a number of decades as they would still apply
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,909
Experience: Qualified Employment Solicitor
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,909
50,909 Satisfied Customers
Experience: Qualified Employment Solicitor

Ben Jones is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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!

RickLeeds, 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. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

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!!!!

AlexLos 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.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

50,909 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

1,922 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
My husband was suspended a month ago on full pay for gross
my husband was suspended a month ago on full pay for gross misconduct . a piece of apparatus in a theatre fell on to a stage hand resulting in a small injury . We have not been contacted in any way by… read more
Jo C.
Jo C.
Barrister
71,429 satisfied customers
I work i have been suspended without pay phone at work but i
I work for sainsbury i have been suspended without pay for using phone at work but i dont understand why was it just me when there was alot of other staff using there phone and the manger is pakisatni… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
My sister has been suspended from Ladbrokes and is extremely
My sister has been suspended from Ladbrokes and is extremely upset, apparently it is to do with a bet amendment she has been invited to a meeting today and has been told she is not entitled to take an… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
I am a Store General Manager with Morrisons and have been
I am a Store General Manager with Morrisons and have been suspended from work because my Deputy has made an allegation of bullying. He has decided to bring in to the frey a couple of Department Manage… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
Ben, i really am at my wits end, i have been sacked misconduct, i was a night
Ben, i really am at my wits end, i have been sacked misconduct, i was a night team leader at a taxi company, working 4 on 4 off, the other team leader has been demoted. it all started back earlier las… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
I work for Tesco PLC in London, United Kingdom and I have just
I work for Tesco PLC in London, United Kingdom and I have just been suspended from work for misappropriation of company property. I am a Team Leader and work nights and we have a staff shop in the sto… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
Currently my partner is suspended from work for an alleged
Currently my partner is suspended from work for an alleged act of gross-misconduct in England. The violation was for refunding a customer without going through the proper procedures. It turned out thi… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
i have been given a suspension letter dated 110912 saying
i have been given a suspension letter dated 110912 saying . i am writing to confirm that, following our meeting held on 11 srptember , as of the date of this letter, you suspended from work until furt… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
I work for a company where a line manager briefly questioned
I work for a company where a line manager briefly questioned my performance. We discussed a lesser role where on I offered my resignation (3 months Notice) to which he refused. Shortly after, I accept… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,922 satisfied customers
Allegation 1: That you behaved in an aggressive and abusive
Allegation 1: That you behaved in an aggressive and abusive manner during an interview for the role of Offender Manager-IOM Allegation 2: That you behaved in an aggressive and abusive manner during th… read more
UKSolicitorJA
UKSolicitorJA
Solicitor
Bachelor's Degree
390 satisfied customers
I am employed as a midwife in an NHS Trust. In March of this
I am employed as a midwife in an NHS Trust. In March of this year I was suspended following an allegation of breach of conduct. The trust have conducted an investigation which was concluded in July of… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
I have been suspended from work(i am the store manager)for
I have been suspended from work(i am the store manager)for the following,breaches of waste process/disposal of waste,breaches of product withdrawal process and legal documentation process,behavioural … read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
On my facebook page I put a comment about my old company I
On my facebook page I put a comment about my old company I use to work (over 15months ago I left them) for which I used defamatory language. The comment was put on outside work hours and at my home co… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
i was suspended from work on the 2/8/12 for derlication of
i was suspended from work on the 2/8/12 for derlication of duty and serious breach of trust.on asking the suspending manager what was it related to they would not answer other than with a reply that i… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
i would like to know where i stand regarding my employers suspending
i would like to know where i stand regarding my employers suspending me and another colleague from our workplace 4 months ago. i was assaulted by a service user who punched me, he then went to hit me … read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
My employer has suspended me and I will be meeting with them
My employer has suspended me and I will be meeting with them for gross misconduct. The situation is that I failed to appear on a pre planned appt for training purposes to our retail partner on a sunda… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
I am currently suspended from work following an unproven allegation
I am currently suspended from work following an unproven allegation made against me on Facebook. I have been arrested by the police, interviewed and bailed. However, my employers are looking to take m… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers
We have an employee who has been continuously breaking rules
We have an employee who has been continuously breaking rules etc. He has been claiming excessive hours,( proven) and warned in writing, using our company vehicle for private work unproven). He has bee… read more
Ben Jones
Ben Jones
UK Lawyer
50,909 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x