Suspension During Disciplinary

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Suspension During Disciplinary

Castle Associates can assist you by reviewing, evaluating and discussing the evidence against you; to advise you in how to question and challenge the case against you; prepare a comprehensive response to any allegation; to highlight concerns you may have and make every effort to ensure you get a fair and reasonable hearing. 

What to expect during the time you are suspended from work?

It is generally permitted and acceptable for your employer to suspend you from work[1] with pay for a short period of time whilst they carry out an investigating into an allegation of misconduct or some other disciplinary issue against you; this could be at the start, during or at the end of the investigation process.

There are some restrictions on when and how your employer can suspend you and what they should do whilst you are suspended from work. 

The key points to note are:

  • You should only be suspended if it is appropriate to do so in the circumstances

  • You should be paid during your suspension, look at your contract

  • Suspension should not be used as a punishment

  • Your suspension should be for a limited period & should be reviewed regularly 

We understand that the investigatory process can be a stressful time, we can provide some free initial telephone advice with regards to your situation and help guide you through the process.

For a free, no obligation telephone consultation please contact us or fill out the call back request and we will be happy to arrange for an advisor to discuss your situation.

What else do I need to know?

What can you do if you feel the suspension is unfair?

If you have been suspended unreasonably[2] or for an unreasonable period of time you should write to your employer explaining your reasons and request that you return to work. If they do not respond to you or refuse to reinstate you then the next step would be to raise a formal grievance.

We can certainly help you to write to your company and raise a grievance for you. For a free, no obligation telephone consultation please contact us or fill out the callback request and we will be happy to arrange for an advisor to discuss your situation. 0115 9696016.

What should I do whilst suspended?

It is normal custom for your employer to place some restrictions on you during the period of suspension, this will likely be:

  • Not to attend work without permission

  • Not to contact work colleagues or clients/customers

  • Be available to attend meetings when requested

Once you know and have a clear understanding of what the allegations are, you will need to start to think about your side of the story, what evidence you have or need to collect in order to prepare your defense, this may include some of the following:

  • Training records

  • Emails and any documentation at work

  • Appraisals and one to ones

  • Company policies and procedures

  • Anything you feel relevant to support your case

You will need to write to your employer to make the request for the information needed and it would be a good idea to put together a timeline of events.

We can certainly help with writing the letter to make this request. For a free, no obligation telephone consultation contact us or fill out the callback request and we will be happy to arrange for an advisor to discuss your situation.

References:
[1] Participation E. Employment Rights Act 1996 [Internet]. [cited 2017 Jan 26]. Available from: http://www.legislation.gov.uk/ukpga/1996/18/part/II
[2] LORD JUSTICE LAWS, LORD JUSTICE ELIAS, and LORD JUSTICE KITCHIN. Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138 [Internet]. 2012 [cited 2017 Mar 13]. Available from: http://www.bailii.org/ew/cases/EWCA/Civ/2012/138.html

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We offer support on a wide range of employment law and HR issues. Our dedicated advisors are here to answer your questions and help you with your concerns. Your call is free and with no obligation. Calls may be recorded for monitoring and training purposes.
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