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Hi I have been suspended from work , due to a incident that…

Hi I have been suspended...
Hi I have been suspended from work , due to a incident that happened last December, I am accused if not sending accident report off , my area manager was there at the time, I give him relevant form, but he Denys, statements were given regarding accident but colleagues were not informed this was investigation, or were shown statement or signed them , we're do I stand, please, and thank you
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Answered in 13 minutes by:
6/30/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,205
Experience: Qualified Employment Solicitor
Verified

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: Hi,
Customer: nearly 4 year
Customer: I'd be grateful for your help
Customer: I'd be gratefully for your help
Ben Jones :

Hi, sorry I was offline yesterday by the time you had replied. Back to your query, being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. It is there to be used as a precautionary measure whilst an employer investigates any allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.


 


Any period of suspension should be as short as possible and reviewed on a regular basis. A knee-jerk decision to suspend, without considering whether this is actually necessary, or if it could be avoided, could result in the employer acting in breach of the implied term of trust and confidence. This could prompt the employee to complain to the employer, such as by raising a grievance.


 


During the period of suspension the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify the taking disciplinary action that could be the next step. In that case the employee has the right to be informed in advance of the allegations against them and be given the opportunity to prepare for the hearing.


 


On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.


 


So what happens next should more or less pan out as above and you would be expecting the employer to properly investigate these allegations and give you the chance to defend yourself based on these allegations, before they make a decision.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Thanks but as already asked, should myself and colleges of been told we were being questioned as an investigation and therefore witnesses have left out important information, also should statements have been signed as both myself and witnesses do not agree with what has been written (not what was actually said).
Ben Jones :

yes you should have been told this was an investigatory meeting but statements do not have to be signed - if you disagree with any of their contents then you can raise these discrepancies with the employer by writing back to them pointing these out

Customer: My area manager was present at the time of the incident and my policy states that it is the area managers position to investigate accidents not mine (store manager), my area manager has not been suspended is this correct when he's actually one in wrong? My area manager seems to be being treated favourably, what can I do about this?
Ben Jones :

the employer does not have to suspend everyone involved - for example they can suspend one person to remove any tension from the business and leave the other there - remember that suspension is not in any way an indication of guilt. So do not treat being suspended and not being suspended as less favourable and more favourable treatment

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,205
Experience: Qualified Employment Solicitor
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
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Customer reply replied 4 years ago
Hi, another query is I have, is that this incident I refer to happened last December, and as taken 6 months to look into , is this allowed .? Also I already have a writen warning regards to something else, yet in the investigation this warning was brought up more then 3 times , is this allowed .?


Thanks lynn
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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).

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