I know. Get real… unlikely, but then employers get it wrong every day of the week.
If you have been suspended from work, pending disciplinary action, no doubt your heart is in your mouth, your palms feel sweaty and you may be shaking from fear, shame and confusion. You maybe searching your memory or going over that incident in your mind again and again.
However, it is possible that your suspension has been conducted unlawfully and there is no way you should have been suspended.
Here are some points to consider if you have just been suspended;
- In recent employment tribunal judgements it has been thought that ‘suspension,’ even on full pay, is not a ‘neutral act’. The judgement held that employers need to think really carefully before suspending any employee pending a disciplinary investigation and hearing.
- Suspension is advised to be used only in circumstance where there is significant risk of the accused employee tampering with the investigation, or attendance in work will cause detriment to the business interests. Perhaps where the alleged offence involves sexual harassment or the chances of the employee using company information to their personal or commercial advantage, suspension might be justified.
So what might this mean for you? Well it could mean that if you have been suspended from work pending disciplinary action you will have a strong case for unfair dismissal even if you are guilty of the allegations and your employer concludes a fair disciplinary hearing. Therefore what you do next might be crucial. Get some advice specific to your case to ensure you protect your job and livelihood and determine if suspension in your case is warranted.
Don’t suffer alone, at HR Solver we have helped hundreds of people fight their corner at work through education and advice on employment rights without paying the high costs of a lawyer (think of us as the anti-lawyer ;-)). Instead our fully CIPD qualified HR experts are on hand to help you.
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