UK Employment Law

UK Employment Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Employment Law
This answer was rated:

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

happened last December, I am...
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
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 13 minutes by:
6/30/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,065
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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: 49,065
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Verified
Ben Jones and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 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
This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,065
49,065 Satisfied Customers
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

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

49,065 satisfied customers

Qualified Employment Solicitor - Please start your question with 'For Ben Jones'

Jenny McKenzie

Jenny McKenzie

1,919 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

23 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
After my brain injury caused by an accident at work, and 3
After my brain injury caused by an accident at work, and 3 months off work, I returned to work on 02/01/18 on a phased return to work. My employer had agreed to this during a meeting on 06/12/17. But … read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
I work in London full time and have been continuously
I work in London full time and have been continuously employed for less than 2 years. I was promoted subject to a 6 month probation period only to be informed that I had been unsuccessful and would be… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
Based.. can you still help? Or have Uk branch? Manager and
I'm UK based.. can you still help? Or have Uk branch? … read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
Another person has been hired by my company for my role with
Another person has been hired by my company for my role with exactly the same job title, without me being informed. What rights do I have?… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
My wife has worked in a pharmacy for 10 years. She has been
Hi. My wife has worked in a pharmacy for 10 years. She has been banking the takings for a considerable length of time. Apparently there has been questionable errors made over an undisclosed period. My… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
At my new work place someone was told not to come in
at my new work place someone was told not to come in anymore, they wasn't given a real reason, my employer and he's wife change their mind on a daily basis and they have had new staff on a weekly basi… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
The current system I support is being taken out of service
the current system I support is being taken out of service can my employer move me to another role even if I don't want to do this role? 23 years in the same role … read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
My company is going through a redundancy process and has had
My company is going through a redundancy process and has had the senior supervisors carry out Selection Criteria Forms on all employees. One of the sections in this is “Qualifications-Fit of qualifica… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
I have worked for 3,5 years for Holland & Barrett and have
I have worked for 3,5 years for Holland & Barrett and have been transferred to different stores and changed my working hours on many occasions without any notice or my consent. Thy forced me to work m… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
1,919 satisfied customers
Ben. I have a strong feeling I will be made redundant due to
Hi Ben. I have a strong feeling I will be made redundant due to our company's acquisition. My question is, can I be made redundant once having handed in my notice (3 mths), and outside of doing someth… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
If a Deputy Headteacher was told by the Headteacher to
if a Deputy Headteacher was told by the Headteacher to Quality assure the school Single Central Record and they say they have and it later emerges they have. It and the register is inadequate.........… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
My daughter has been working for a local factory in the
Hi, my daughter has been working for a local factory in the sample department since June 2017. (I work in the same factory) This has been on 2 temp contracts of 3 months each. She is 20, has depressio… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
I wish to write a formal complaint about not only a local
i wish to write a formal complaint about not only a local council employee who's title is and was at time of first meeting (assessment interview) unprofessional discourteous dismissive inappropriate u… read more
Nick H
Nick H
LLB
123 satisfied customers
I am intending to resign from a sales position and have an
Hello, I am intending to resign from a sales position and have an amount of commission payments in various states - overdue, pending approval, in dispute, due to be eligible from bookings within my no… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
My husband was working as a salaried person and was asked if
My husband was working as a salaried person and was asked if he wanted to become a partner when one of the two existing partners retired. The retiring partner retired on June 30th 2007 and my husband … read more
Julie Kingham
Julie Kingham
Director
Chartered Tax Adviser
733 satisfied customers
I want to talk with an employment lawyer regarding to an
Second opinion] Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
frantzgregory
frantzgregory
673 satisfied customers
I want to talk with an employment lawyer regarding to an
Hi I want to talk with an employment lawyer regarding to an unfair dismissal. … read more
Ben Jones
Ben Jones
UK Lawyer
49,065 satisfied customers
Employment lawyer knowledgeable in mental health act. Would
A question for an employment lawyer knowledgeable in mental health act. Would rather discuss this over phone. I have been assigned a project that made me very ill at my work. I was off two months. I a… read more
Ben Jones
Ben Jones
UK Lawyer
49,065 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