I have been suspended from work, what does this mean and is there anything I can do?

It is generally permitted for your employer to suspend you from work with pay for a short period of time whilst they investigate an allegation of misconduct or some other disciplinary issue.

However there are some restrictions on when and how an employer can suspend you and what they should do whilst you are suspended.  The key points to note are:

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

This means that the Employer must have sufficient grounds to justify suspending you. There must be an allegation of serious misconduct, or a risk to the business or a risk to the integrity of the investigation if you remain at work. For example there is an allegation that you have bullied a colleague and the Employer is concerned that employees may feel intimidated if you are there when they are being asked questions about the allegations.

On the other hand, if the allegation is that you failed to follow an internal procedure this would not justify your suspension and it could be a breach of contract by the Employer.

If you are unsure if your suspension is fair then it is recommended that you seek advice about your specific circumstances. You should act quickly to reduce the period of your suspension.

 

2. You should be paid during your suspension

Unless it states anything differently in your employment contract you are entitled to be paid during a period of suspension.

If you are paid by a combination of salary and commission the position regarding your suspension will be different and you may be able to argue that it is unlawful to suspend you, and that you should receive a payment equivalent to what you would have earned rather than basic salary.

All of your employment rights remain whilst you are suspended, for example you continue to accrue holiday.

 

3. Suspension should not be used as a punishment

Unless your Contract states that you can be suspended, it should not be used as a form of punishment for disciplinary issues.

 

4. Your suspension should be for a limited period & should be reviewed regularly

It is not fair or reasonable to keep you suspended from work for an indefinite period of time. Your suspension should be for as little time as possible, and the Employer should not delay in investigating the allegations for which you have been suspended.

Whilst you are suspended the Employer should regularly review the decision to suspend you. This means that they must look at the situation and assess if it is still reasonable for you to be suspended in the circumstances.

 

What you can do?

If you have been suspended unreasonably or for an unreasonable period of time you should write to your Employer putting them on notice and requesting that you return to work. If they do not respond or refuse to re-instate you then the next step would be to raise a formal grievance.

For information on raising a grievance see the Grievances section of the website.

If after raising a grievance you still do not have a resolution to the issue then your next action will be to pursue a claim in the Employment Tribunal.

 

Suspension Help

If you are not sure what you should do next or what to put in your letter to your employer we have created a new DIY Toolkit for employees who have been suspended and you can download documents and guidance for just £36.00. You can purchase your copy here: Click Here

The documents included are:

  • Guidance on your rights when suspended (pdf)
  • Letter 1 – Template requesting information following your suspension (word document)
  • Guidance notes to accompany letter 1 (pdf)
  • Letter 2 – Template letter follow up chasing a response to Letter 1 (word document)
  • Guidance notes to accompany letter 2 (pdf)
  • Letter 3 – Template letter requesting review of your suspension and return to work date (word document)
  • Guidance notes to accompany letter 3 (pdf)
  • Grievance Template document to enable you to prepare your own grievance about suspension and treatment whilst suspended (word document)
  • Steps to take when suspended (pdf)

Get all of this for just £36 download instantly here

 


Please note that if you are leaving a comment on the website it will be public and can be viewed by anyone visiting the page.

If you want some help with your case and you want to keep it confidential you can email me: alison@realemploymentlawadvice.co.uk and I will reply directly.

Please note that any responses left for comments are for general information only and not specific advice about your case. It is always advisable to seek specific one to one advice about your case before acting. The information and any responses to comments is based on the Law of England and Wales only, we cannot advise on any other country’s law.

113 thoughts on “I have been suspended from work, what does this mean and is there anything I can do?

  1. Mike smith says:

    Hi I’m a machine operator iv been employed with my company am shur now over 2 years iv been running a machine over 8 months on minimum wage which I no isent right keep been told it’ dosent come under that and now ther looking at it enny way iv just been spended today till further notice I left yesterday I walkd out becos three days on the trot my machine has been left in a complete mess leaving me to clean up which I find absolutely a disgrace so I told a shop floor manager I wasent gowing to do it agen as am sick ov it I’m clocking out which I did I returned this morning my machine was in better condition left nearly how I would leave it tidy and ready for use before I was told I have to be escorted of the premises becos I’m being suspend with full pay till further notice I left with no drama but feel I’m being victimised and punished for standing my own and not being taken for granted what can I do were do I stand

    • Alison says:

      Hi Mike

      I recommend that you put your concerns about what happened prior to your suspension in writing detailing exactly what happened at work and who you raised the issues with. You should then send this to your employer with a letter stating that you wish to raise a formal grievance about the situation and your subsequent suspension.

      I would also ask in the letter for written reasons for your suspension. Suspension should be used only where really necessary to investigate and based on what you have said it is difficult to establish exactly why they have suspended you.

      If you would like to have a free telephone discussion about your case you can contact me on 023 8098 2006.

      Kind regards

      Alison

  2. noor mhd says:

    But me I hv been suspended from work as a result I ask permission to go leave in a one day ‘ they give me suspension with out notice .now iam at home for a week with out going any where. I already ask for apology the did not respond to me .what can I do ?

    • Alison says:

      I recommend that you write to your employer formally requesting confirmation that you are now able to return to work. If they do not respond then whether you have a legal basis of claim will depend on how long you have been employed for and/or the circumstances of your suspension. If you would like specific advice please contact me on 023 80982006.

  3. Rebecca says:

    Hi I was suspended from work 4 weeks ago as someone said I was smoking outside the shelter first it was a black haired girl then blonde I have neither there is 3 witness statements to say it wasn’t me they supposedly ad video evidence but still not been produced as they don’t have it as it wasn’t me I need to go bck to work what can I do

    • Alison says:

      Hi Rebecca

      Thank you for your comment and I am sorry to hear that you have been suspended for so long.

      Based on the allegation you have described I would say that your employer has no justification for suspending you from work and particularly not for this long. I would recommend that you write to your employer formally requesting to return to work and stating that it is unreasonable to 1) suspend you in the first instance and 2) keep you suspended for this long.

      If you have been employed for more than two years you may have a claim for constructive dismissal if your employer refuses to allow you to return to work.

      If you would like to discuss your specific case or would like some help with wording a letter please do not hesitate to contact me directly 023 8098 2006.

      Kind regards

      Alison

    • Ivor owens says:

      I my brother is a binman he fell at home and damaged his shoulder the company suspended him on full pay,now they are saying there is no job ,they say he has a few months left on full pay then he will have to sign on,I don’t think this is right he has been with the company over 40 years where does he stand

      • Alison says:

        Dear Ivor

        Thank you for your comment. You are correct in your comment that your brother should not be automatically dismissed because he is off sick.

        His employer may be able to fairly dismiss him if he is going to be unfit for a long time or indefinitely but they must go through a fair procedure first. If your brother’s employment has been terminated then please contact me to discuss.

        Alternatively your brother’s employer may be referring to the fact that his statutory sick pay will be coming to an end and he will need to apply to the Jobcentre for Employment Support Allowance (ESA). If this is the case he will still be employed. You can find more information about ESA here: https://www.gov.uk/employment-support-allowance/overview

        If you would like to discuss further please contact me on 023 8098 2006.

        Kind regards

        Alison

  4. slie says:

    Hi I fee been suspended at work bcs someone open the money bag a stole some of money in the bag that I was caging in a put in the safe.now the incident happen was me and the manager used the safety now they been pointong me in the shop on safety area there is no camera so I think he framed me.now I’m suspended without paid.until they get full evidence that is not me who stole the money.I need my money as I’m a single parent and I think over been treated unfairly bcs of my race while I was not the only one who touch the safety.

    • Alison says:

      Hi Slie

      Thank you for your comment and I am sorry to hear that you have been suspended from work.

      Given the allegation and issue described your employer may have grounds for justifying your suspension whilst the issue is investigated. However your suspension should be for no longer than is necessary to investigate the issue, and should be reviewed regularly.

      Unless the terms of your employment contract state otherwise you should be paid as normal during suspension.

      I recommend that you put your concerns in writing to your employer and if necessary raise a formal grievance about your treatment stating the reasons why you consider it to be discrimination.

      If you would like to discuss your specific case or would like some help with wording a grievance or letter please do not hesitate to contact me directly 023 8098 2006.

      Kind regards

      Alison

  5. J.Burnett says:

    I have worked for a home care company for two years.Clients ask for me personally.I have been suspended because the company has had an anonymous phone call saying that I talk about my clients to other people. I am a single parent and only work 16 hours a week and have not been told how long I am suspended for.Please help.

    • Alison says:

      Hi J.Burnett

      Thank you for your comment. The first thing is that you should still receive full pay whilst suspended. I would recommend that if you have not already done so that you contact your employer in writing stating that it is not acceptable to keep you suspended with no information for this length of time and that you request you be allowed to return to work or hear from them with regards to the investigation asap.

      I would be happy to chat through with you about your specific case if you wish and can be contacted on 023 8098 2006.

      Kind regards

      Alison

  6. Rafael contereas says:

    Hi I’ve been suspended indefinitely for not wearing fall protection on a lower roof this happened on Friday and they said that they would let me know when I would be able to return to work either Monday or Tuesday. It’s Tuesday and I have heard nothing from them. I’ve tried calling and text messaging my bosses and no response. Is there anything I could do regarding figuring out how long I’m suspended. Is it ok for them to keep me in the dark like this.

    • Alison says:

      Hi Rafael

      Thank you for your comment. I would recommend that you write to your employer formally stating that you would like a response as to when you can return to work asap.

      If you do not hear back from them what you can do next will depend on how long you have been employed for and whether you have an employment contract.

      I would be very happy to discuss your particular circumstances please do not hesitate to contact me for an initial free telephone call on 023 8098 2006.

      Kind regards

      Alison

    • Alison says:

      Thank you for your comment Bev

      Although your son has been suspended for 7 days it is not necessarily an indication that he will be dismissed. It will depend on the allegation, evidence and what the Employer decides.

      If your son is still suspended and has no news about the disciplinary investigation I recommend that you write to his employer asking for a timescale for completion.

      If you would like to discuss his specific case I can be contacted on 023 8098 2006.

    • Alison says:

      Dear Bev

      Thank you for your comment. I am sorry to hear what has happened to your son-in-law. Although he has been suspended it does not automatically mean he will lose his job.

      If he is still suspended please feel free to call me on 023 8098 2006 and we can discuss in more detail.

      Kind regards

      Alison

    • Marcia says:

      I have been suspended from work ,,I was not told y ,, on the first of October. I went to work I was 42 mins late ,, when enter the building. Senior on duty said to me I’m late ,,I said I’know but I miss the bus ,, she told me y I did not find a phone boot I told her I was thinking how to get to work ,, I said to her Is not your responsible to call and find out where I’m. The senior said to me I don’t like u ,, I find u rather rude ..I said to her if u carry speaking to me like this I’m going to leave .. she open the main door and told me to get out .. I work my shift with her at one occasion. She had her fist to my face ,, I went on sick after for 2 weeks with stress ,, when I went to work my manager ask what happen that day. , I told her .. she told me that I should carry on Workig ..shes is going talk to head office 2 mins later she told I was suspended

      • Alison says:

        Hi Marcia

        I am sorry to hear what has happened at work. Given the behaviour you have described I would recommend that you raise a formal grievance about the treatment and also that you write to your employer to ask for written reasons for your suspension and a timescale for your return.

        From what you have said it does not seem a reasonable response to suspend you.

        If you want to discuss the specific detail of your case I would be happy to do so, please contact me on 023 8098 2006.

        Kind regards

        Alison

  7. Christi says:

    Hi I’ve been suspended from work with pay but boss refuses to tell me why I was put on suspension in the state of Fl is it legal NOT to tell me why?

    • Alison says:

      Dear Christi

      I am very sorry to hear what has happened. It sounds as though you live and work outside of the UK. Unfortunately I can only advise on the law of England & Wales. If you have concerns about your treatment I recommend you get advice from a local lawyer.

      Best regards

      Alison

  8. Tanya says:

    I have been suspended from work for missing a mandatory meeting I am a waitress at night nurse by day I was working my nursing job the day of the meeting which is already not a day that I’m not allowed to be scheduled and I’ve been suspended for a week what can I do

    • Alison says:

      Dear Tanya

      It sounds as though you have been treated unfairly by your employer and it certainly does not seem justification for suspending you.

      I recommend that you raise a formal written grievance about your suspension and try to resolve internally. If you do not get anywhere with your employer then please give me a call and we can discuss your options in more detail 023 8098 2006.

      Kind regards

      Alison

  9. Rochelle says:

    Hi. I work in a school kitchen which is run by a separate company. (My son goes there) I have been suspended since 14th march 2016! With very little communication from HR. I haven’t had any investigation or heard anything about a disciplinary

    I was due to return to work from work related stress, to be told the friday before starting back I couldn’t go back on school premises so I was suspended with pay.

    I had a meeting which I thought was to tell me why I was suspended but my HR and area manager told me the school wouldn’t tell them why!
    (Later I found out they lied in the meeting as they did know why!

    There was a small incident with my son at home in December resulting in him been a little upset and told a teacher and as they do due to their job they rang social services. (He came home the same day) No charges against me….. I later found out I cant go back on school premises cause they are safeguarding a child and had a complaint from staff. (The staff that bully me!) They cant use safeguarding a child as an excuse when nothing became of it and he is at home with me!!!!!??? Its all a conspiracy and I feel like they are going to get away with it as I feel my union isn’t doing enough.

    • Alison says:

      Dear Rochelle

      Thank you for your comment and I am sorry to hear what has happened.

      I am surprised that you have been suspended for so long with no communication to try to resolve matters.

      Given the environment in which you work it is likely to be easier for your employer to justify suspension than perhaps other locations, however they still have an obligation to deal with matters in a timely manner.

      I would recommend that you raise a formal written grievance about your treatment and emphasise the effect the uncertainty is having on you.

      If you would like to discuss your specific circumstances please contact me 023 8098 2006.

      Kind regards

      Alison

  10. Betty says:

    I have worked for my firm for 12 years,now I only work one whole day a week, I had a telephone call from my manager Friday night at 5 o’clock saying that I have been suspended full pay on allegation has been made about safeguarding child issue , I asked if she could tell me why or at least what I have what the allegation was , her answer was that I would have to phone the area manager,which I did so Area manager would not tell me over the phone said she could not tell me over the phone and that I would have to wait to have a meeting when I came back from holiday which the holiday was going to start on the Monday so I have no information of what I’ve supposed to have done wrong can they do that to me thanks

    • Alison says:

      Dear Betty

      Thank you for your comment.

      Your employer should provide you with the reason for your suspension when they suspend you, however they could argue that they have given you the reason, being ‘child safeguarding’ and that the detail will follow. This of course does not help you especially when you are going on holiday.

      I recommend you send them an email stating what happened in your telephone calls and asking for written reasons for your suspension. You should state that this is extremely worrying for you, particularly as you are going on holiday.

      I would be happy to provide you with more specific advice. Please contact me on 023 8098 2006 to discuss.

      Kind regards

      Alison

      • Ryan says:

        Hi a similar thing has happened to me , I have been suspended two days before I went on holiday, they told me that it was due to a customer complaint. But I don’t recall having any issues with any customers, my employer is a concession within a department store, now the department store suspended me took my card and my employer says they don’t know anymore info , my question is , if I’m told I’m suspended due to a customer complaint, then is that the real reason? Or can they lie and the issue could be something else ?

        • Alison says:

          Dear Ryan

          Thank you for your comment.

          In answer to your question, your employer could lie about the reason for suspending you, however if they do and you later find out about this, you may have a potential claim for constructive unfair dismissal as it would be a breach of trust and confidence for them to lie and mislead you.

          I recommend that you write to your employer to ask for confirmation of the reason for your suspension and more information about why they feel that it is justification to suspend you.

          If you would like additional guidance on suspension and template letters for you to use you can purchase our new suspension toolkit here http://www.adviceforemployees.co.uk/product/essential-suspension-documents-guidance/ for £36.

          Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

          Kind regards

          Alison

  11. Fahmida says:

    I have been working in airport about one year
    Last Monday September 26th I was driving a car inside the airport and no body was in my car.Accidentally I broke a moving sidewalk switched. And immediately I called my manager and told him what happened . He came in and told me write a witness about it. After that he took my badge and suspended me and also said me I have to do a drug test again and he will call me after he got the result.

    September 27morning I did my drug test and September 28 I called my drug test lab they said they send it already to my work place.
    After that I called my manager he said he will call me after reviewing all this.
    I text him he said he will get back soon
    It’s been 7days he don’t said nothing.
    I just want to know are they planning to fire me at job?
    And in suspension are they gonna pay me?
    And what should I have to do now?
    Please help me I don’t know what I have to do?

    • Alison says:

      Dear Fahmida

      Thank you for your comment. I am sorry to hear what has happened. I recommend that you write to your employer formally requesting information about your suspension and pay.

      Your employer should provide you with details of the reason for your suspension in writing and the likely length of suspension or review period. I would emphasise in your correspondence that it is stressful for you.

      Once you have further information about the allegation and any disciplinary action then please feel free to contact me again to discuss your specific case. 023 8098 2006.

      Kind regards

      Alison

  12. F Morris says:

    My son has been suspended (with pay) from his call-centre work for terminating a call with an irate customer who was screaming at him (my son forgot the procedure to ‘inform the customer he would terminate the call if he (the customer) continued to scream down the phone’ at him). His Line Manager and another Manager held a meeting with him, played back the phone call to him and suspended him pending investigation (my son didn’t swear or display any anger, etc., during the phone call and did attempt to calm the customer down and was continually trying to get the customers attention by saying “sir, sir” to get him to stop screaming before he just terminated the call – so no swearing, etc., he just ended the call). It’s now week 3 and my son is still on suspension and has, to date, received no further information on his suspension, the procedure involved, any possible outcome, etc., and I think the situation is being handled unfairly and unreasonably. He has to call his Line Manager on Monday’s and Friday’s in order to continue being paid and is being offered no further information on his suspension during these phone calls. I have ask my son today (being a Monday) to ask his Line Manager what is going on and if he doesn’t receive a satisfactory reply, he’s to ask if he should approach H.R. for help/advice as he feels it’s taking too long. I’d really welcome any advice you can offer.

    • Alison says:

      Thank you for your comment.

      Given what you have described I can see no justification for suspending your son, the issue appears clear and any investigation required minimal. It is certainly excessive to suspend him for 3 weeks to ‘investigate’ this issue.

      I recommend that your son raise the matter formally in writing with a more senior manager and copy in HR. He should emphasise that suspension should only be used when reasonable to investigate an issue, and that it should be for a period no longer than is necessary. He should also request he is allowed to return to work immediately.

      I would also advise that you obtain a copy of his employment contract and the Company Handbook.

      If you do not get any response to the letter it may be that you need to consider more formal action.

      Please do not hesitate to contact me if you would like to discuss. I can be contacted on 023 8098 2006.

      Kind regards

      Alison

      • F Morris says:

        Thank you very much for you comments Alison. I shall pass these on quickly to my son as his employer has told him he’s being called into a disciplinary hearing on Monday for “gross misconduct”. I may well be in touch with.

        My sincere thanks again for your time and advice.

  13. dd says:

    Thank you for the great advice. I have a recent situation at work where my director called me 2 weeks ago for an urgent meeting and informed me of being sent home with pay. He indicated that there are serious allegations against me which he did not tell. I have checked with an attorney who advised me to send him a letter inquiring about those allegations. I was cut from every access to my email at work and to my office cell phone. it is almost 12 days now. Would you please advise me what comes next. My question here: Are they preparing me for firing from my job? I have been with them for over 9 years with an excellent record. Please advise. Regards…

    • Alison says:

      Many thanks for your comment.

      The first thing I must state is that I can only advise you on the law of England and Wales, if you work anywhere else in the world it is necessary to seek advice from a local lawyer.

      I cannot say with certainty if the reason for your employers behaviour is that they are going to dismiss you from your employment. It is possible that they are building a case against you whilst you are suspended.

      On a practical level I would continue to correspond with your employer emphasising how the process is making you feel and urging them to communicate with you.

      If you are located in England or Wales do give me a call for a fuller discussion on your specific case. 023 982006.

      Kind regards

      Alison

  14. Ben Watson says:

    I have been suspended now for 2 weeks following allegations of unprofessional behaviour, which i have owned upto in a previous meeting before being suspended. What i did was wrong but was in retaliation to a prank played on me by my peers, they have not been suspended or investigated for what they did, i have also been demoted whilst the investigation continues.

    • Alison says:

      Dear Ben

      Thank you for your comment. I am sorry to hear what has happened.

      It does not seem appropriate or reasonable to suspend you for the allegations raised especially if you have already accepted what happened. I recommend that you write to your employer asking to return to work or for written reasons why your suspension is continuing.

      If your employer does not respond or refuses to allow you to return to work you should consider raising a formal grievance.

      I would be happy to discuss your particular case on the telephone and offer a free initial telephone call. Please do not hesitate to contact me on 023 8098 2006.

      Kind regards

      Alison

  15. Gaby says:

    I was suspended last week for 1 week for not replying to an email in a timely manner. I was yelled at, verbally abused, and kicked out of the building in front of my entire department and peers. I was escorted out. I was not asked to sign no type of paperwork nor ever given a warning. Is this proper procedure?

    • Alison says:

      Dear Gaby

      Thank you for your comment and I am sorry to hear the way you have been treated.

      It certainly does not seem a reasonable reason for suspending you or appropriate behaviour. I would urge you to contact your employer in writing raising a formal grievance about your treatment.

      I am happy to assist you further and discuss your case if you want to contact me on 023 8098 2006.

      Kind regards

      Alison

  16. John says:

    Hi Alison, I have been suspended from my job today. My boss has not explained at all why I have been. The situation was that there were two of us in the office and I was on my hour lunch break. During that hour I had to go home as my water was leaking. My fellow colleague insisted that he would walk with me after I did say it’s probably best that he doesn’t. I am not his manager or anything like that but for some reason I am the one being suspended? I am on my months notice and believe he has done this to get rid of me as I have a couple of weeks holiday pay coming up. My question is was this an unfair suspension and what can I do? He is going to call me in for a meeting next week.

    Thanks

    • Alison says:

      Hi John

      Thank you for your comment. It seems to me from what you have said that you have been suspended after giving your notice to leave your employment. If this is the case you should continue to receive payment until the end of your notice and a payment in lieu of any accrued but not taken holiday.

      If your employer dismisses you before the expiry of your notice you may have a claim for the remainder of your notice pay and for the holiday accrued.

      I would recommend that we have a discussion about the specifics of your case when you receive notification of the meeting. You can contact me on 023 8098 2006.

      Kind regards

      Alison

  17. Sarah says:

    I was previously suspended in December 2015 and won an appeal for unfair dismissal in April, I was off with work related stress and then requested to return to work. When I returned I was instantly suspended for an incident that occurred 2 years previously. I have now been suspended for over 4 months.

    • Alison says:

      Hi Sarah

      Thank you for your comment. What you have described would certainly be unreasonable and a breach of your employers obligation to you. If you have not already done so I recommend that you raise a formal grievance in writing about your treatment and continued suspension.

      Depending upon the outcome or response from your employer you may have a claim for constructive unfair dismissal. Before you resign or take any action I recommend you get some specific advice about your situation.

      I would be happy to discuss with you if you want to contact me on 023 8098 2006.

      Kind regards

      Alison

  18. Pam Offord says:

    My son was suspended from work 2 weeks ago after a customer complained he was rude to her when in fact she was the one being rude and as no witnesses they suspended he attended a meeting last week where it was explained if he resigns that would be the end of the matter but if he stays it will go to a disciplinary which could go either way he has explained he was not rude can you please

    • Alison says:

      Dear Pam

      Thank you for your comment.

      Your son’s rights in terms of the right not to be unfairly dismissed will depend on how long he has been employed. If he has been employed for less than 2 years his rights are fairly limited. If however he has been employed for longer than 2 years and he is dismissed his employer must have a potentially fair reason for dismissal and must behave reasonably in treating that reason as a reason to justify dismissal.

      Whether a dismissal is fair is very fact sensitive and will depend on how the employer handles the matter and the evidence or information they rely on.

      I would be very happy to discuss your son’s case either before or after he attends the disciplinary meeting. You can contact me for a free telephone discussion on 023 8098 2006.

      Kind regards

      Alison

  19. KB says:

    I am having my IT use investigated. I do use the internet outside of break times but I do not look at porn or gambling or anything else inappropriate. Just news sites and some music playing through headphones. I am very worried I could be suspended or dismissed. There are several disciplinary stages but I worry they could skip all those stages. I am very scared. I will make changes to my behaviour but I worry it is too late. What are the likely actions do you think?

    • Alison says:

      Dear KB

      Thank you for your comment. By the sounds of what you have described your employer would not have justification for disciplinary action, however it will depend on what it says in any staff handbook or guidance on personal use of IT systems.

      If the uncertainty is causing you anxiety I would recommend you put this in writing to your line manager and ask for some information about the process and likely timescale.

      If your employer does take disciplinary action it would be worth us having a discussion about the specifics of your case. You can contact me for an initial free telephone discussion on 023 8098 2006.

      Best regards

      Alison

  20. Edgar says:

    Just recently suspended on “internal theft” colleague bought a few pair of shoes for 9.95 as they rung up that way (they retail for about $70 in store) he ended up getting 3 pairs with a bogo promotion and our employee discount on top of it, all 3 pairs came out to around $18 dollars.. so a few months went by and I finally ended up getting the two pairs from my colleague (we work and diff schedules) and so I exchanged one pair for my actual size and then the other pair I just exchanged it for in store credit but I was given the full $70 retail price on the exchanged shoe which actually should have been 9.95 or the half off of credit back.. they explained to me that it was internal theft and that I had to pay back in amount of $65 by a certain date, they also said no police will be involved, but I would be suspended til further notice? So just wondering if I should prepare for termination? Them pressing charges? I am in the state of Oregon,

    • Alison says:

      Hi Edgar

      Thank you for your comment, I am sorry to hear what has happened. Unfortunately I am only able to advise on the law in the UK and therefore I recommend that you contact a lawyer in Oregon who will be a specialist in your State’s particular laws.

      Best of luck

      Alison

  21. Razwan says:

    Hi.
    I Went Into Work Today An Also Was Told. That I Will Be Suspended With Full Pay. The Reason Is Because I Wasn’t Charging For 5p Bags And Also Had My Mobile Phone Out On Shop Floor. At The End, I Was Told That I Would Get A Letter/ Notice From the HR. What Happens Next.

    • Alison says:

      Dear Razwan

      Thank you for your comment. I am sorry to hear what has happened.

      It is likely that your employer will now investigate the allegations against you and then if they feel sufficient to move forward to a disciplinary you should receive an invitation to a disciplinary meeting.

      If there is a delay of more than 7 days from your suspension to hearing from your employer I recommend that you write to them asking for a timescale to return to work. The allegations you have described should be fairly straightforward to investigate and should not take long.

      If you would like more specific advice about your case please get in touch with me directly alison@realemploymentlawadvice.co.uk or 023 8098 2006.

      Kind regards

      Alison

  22. Patricia Dudley says:

    Hi Alison. I was suspended from work on the 11th Nov whilst an investigation takes place I asked how long it would be for and was told they didn’t know. An incident happened around 6 weeks prior to this I made what I’d call a none offensive comment to one of my colleagues this was regarding a third party another colleague took it upon herself to stir matters up with the third party staring matters to be much worse than they were. I asked my manager if he would open an investigation to see what her aim in trying to cause trouble Now after 6 weeks I’m the one that’s suspended I have had no phone call or anything letting me know what’s goin on or likely to be happening. Can you advise me please. Many thanks. Pat.

    • Alison says:

      Dear Pat

      Thank you for your comment I am sorry to hear about the problems you are having at work.

      From what you have described I don’t believe that this would justify suspension especially for this length of time. I recommend that you write to your employer stating that the suspension is unreasonable and that you would like to return to work as soon as possible. Also ask for confirmation of the timescale for investigation into the allegations.

      If there is no response from your employer or you are not allowed to return to work I recommend that you consider raising a formal grievance.

      If you would like to discuss your specific situation in more detail please do not hesitate to contact me on 023 8098 2006.

      Kind regards

      Alison

  23. jeff says:

    Hiya I have been suspended from work for taking pictures around someone’s flat I was working in and he had cameras that were recording in it , in the footage I can be heard saying in working in a faggots flat will i get sacked for it

    • Alison says:

      Hi Jeff

      Thank you for your comment. Whether or not your employer will dismiss you and whether it would be fair and reasonable to dismiss you will depend on a number of factors, including the job you do, whether you have any previous warnings and whether this language is commonplace in your business.

      Unfortunately due to the language used it is likely your employer will dismiss you as it is a derogatory and discriminatory description which was heard by the customer or third party.

      If you would like to discuss further and to obtain my advice on how you can try to retain your employment please contact me on 023 8098 2006.

      Kind regards

      Alison

  24. tumi says:

    Hi by 16 of August 2016 my store manager accused me of stolen manchandise they cald the police to arrest me the same day after police took me she calls me to come to work to resign, I went to the store by 17 she forced me to resign and i refused to resign and she said to me I must go home then she will tl me when to come since the 17 of August she dnt cal by 22 of September I went to work she told me she don’t want me and she suspend me until further notice since 22 of September they ddnt cal me or say something to me

    • Alison says:

      Hi Tumi

      Thank you for your comment. It seems that you have been suspended for an unreasonable period of time if you have been suspended since August.

      I recommend that you write to your employer to place pressure on them to resolve the matter once and for all. If they do not allow you to return or proceed with a conclusion to any disciplinary you should raise a formal grievance.

      I am very happy to advise you further please do not hesitate to contact me 023 8098 2006.

      Kind regards

      Alison

  25. Don says:

    I’ve been suspended from work on Friday by a phone call. I received a text on Friday morning asking for office keys to be returned that day.

    I had a funeral to go to and I only work two days a week (Tuesday and Wednesday). I dropped the keys off then went to the funeral. Dropped the keys off at 10:30 approximately. I then called general manager at 15:30 to ask for a meeting. Ten minutes later I was suspended without any reason. There is a further two members suspended without reason. They themselves were in the office during the day, unsure what time they were told of suspension but know they were told by phone too. Is this way legal. They asked for my phone, which is usually in my work drawer, back I am unsure if they are allowed to just go through my drawer to get the phone? Can you please tell me my actual rights

    • Alison says:

      Hi Don

      Thank you for your comment. Your employer should give you some idea of the reason for your suspension and what they are doing whilst you are suspended. They should also give you a timescale for conclusion.

      In the absence of any information I recommend you write to your employer by email or post stating that you have received no reason or explanation and it is understandably very upsetting. Also request confirmation that your suspension will be paid and when you will be allowed to return to work.

      If you do not receive a response or any information by Thursday or Friday I recommend you consider a follow up letter or formal grievance about your treatment.

      I would be happy to discuss your case specifically with you. You can contact me on 023 8098 2006.

      Kind regards

      Alison

  26. angelo says:

    Angelo.
    I have been dismissed and appealed the sanctiion of dismisssal. appeal is pending 8 months now. im still been paid. Can the employer call me to inspections anytime.

    • Alison says:

      Dear Angelo

      Thank you for your comment.

      Your appeal should certainly not take 8 months to conclude and I recommend that you seek some urgent advice and assistance to bring matters to a conclusion as soon as possible.

      Please contact me if you would like to discuss 023 8098 2006.

      Kind regards

      Alison

  27. mark says:

    Hi i have been suspended now for two years on full pay i was arrested and put on bail for first 10 months all charges dropped so asked to return to work H-R not being very helpfull still waiting any advice cant afford to lose job and arrest might stop me gettin another

    • Alison says:

      Dear Mark

      Thank you for your comment and I am sorry to hear what has happened.

      Suspension for two years (even if paid) is an excessive and unreasonable period of time and I recommend that you take action to bring the matter to a conclusion as soon as possible.

      If you would like to discuss or would like assistance in liaising with your employer please contact me on 023 8098 2006.

      Kind regards

      Alison

  28. Sussy says:

    Hi. My husband came home to say that he was suspended from work for a week on suspicion of smoking marijuana in the parking lot of his job. He denied the allegations even asked them to do a drug test on him on the spot but they didn’t. The job does random drug testing on the employees regularly and the last test that they did on him about 3 weeks, he came out clean. They told him that they had video surveillance of him and other coworkers smoking. He asked them to show him the video but they never did. What can we do? Is that reasonable reason to suspend him without pay?

    • Alison says:

      Dear Sussy

      Thank you for your comment and I am sorry to hear what has happened to your husband.

      In most cases suspension without pay is unlawful. I recommend that you deal with this as soon as possible and write to the employer requesting the disciplinary investigation is concluded without further delay and that it is causing financial hardship.

      You should also check your husband’s contract to see if it says anything about suspension without pay.

      I recommend that you get some specific advice about his case asap. If you would like to discuss please contact me on 023 8098 2006.

      Kind regards

      Alison

  29. Andrew says:

    My wife is 42 and has had a previously unblemished employment record working in accounts. Today she was suspended from work with immediate effect while a theft is investigated. Little things have been going missing from the office for a year or two, papers being moved from desks and going missing, and she had suspicions about who it might be but no proof. Some cash went from her drawer two months ago, then two weeks ago a large amount of cash disappeared from a locked filing cabinet. My wife is one of four people, including the boss, who have the key.

    She is absolutely distraught because, in her industry, any question mark about her honesty could wreck her career. We have no idea if she’s the only one to be suspended, and we can’t find out as she’s been instructed to not contact anyone.

    She is at college working towards more qualifications and had been looking for a job that would give her relevant experience. She’s already had an interview and will find out tomorrow if she’s got the job. What should she do if she’s offered it? I presume in her industry she may have to disclose the suspension?

    Otherwise I think procedure has been followed correctly by her current employer. She was called to a meeting with her boss and another person, and given a letter explaining the reasons behind the suspension.

    I’d be grateful for any advice.

    Regards
    Andrew

    • Alison says:

      Dear Andrew

      I am sorry to hear what has happened to your wife.

      I understand your wife’s predicament with regards to the offer of a new job and this is a difficult decision if she is offered the job.

      On the one hand if she discloses the ongoing investigation to the new employer they could withdraw the offer, regardless of any merit or evidence against her. But on the other hand if she does not disclose and they later find out they may consider this to be worse conduct by failing to disclose.

      I would recommend that if she is offered the job she weighs up both options very carefully and take a view based on the type of employer she will be working for and how much they want her to work for them. If they are the kind of employer she feels she can easily talk to and explain and who will be understanding of her predicament then she may feel more happy to tell them.

      The alternative is to place pressure on her current employer to conclude the investigation asap and delay telling the new employer until it is concluded or it gets to the point where she has no choice but to disclose.

      I am very happy to chat through with you should you wish.

      Kind regards

      Alison

  30. Jozef says:

    Hello,

    Wednesday 7.12.16, I was on overtime during night. I had to go to back-yard to throw some cardboard’s into the skip for recycling. I heard some noise behind stack of pallets and I went over there to investigate what is going on, i found colleague(guy who worked for company trough agency) over there and i asked him if he can get back in factory, because he shouldn’t be there.
    We were on way back and we met another colleague(company staff) and he asked us what we are doing there, I said to him nothing because i didn’t thought anything important happening.
    He went to supervisor and told him that he found us together in back yard and smells weed, I don’t know if agency colleague was smoking or not, I haven’t seen him.
    Supervisor came to me in roughly 30minutes after that and asked me if we can have a chat in office I said not a problem, He told me about report from colleague(that he smell weed in place where he met us) and he start questioning me, he asked me if I did smoke weed I said no, he asked if I will do drug test i said Yes, he explained to me why is important to do investigation because health and safety policy (which I understand) and he let me finish shift (this all happened somewhere in the middle of 12h shift).
    Next day (Thursday) they get rid of this agency bloke and my mate from different shift wrote me during the day text : “what happened last night ? people saying you been smoking weed in back-yard and you gonna loose the job” . when I came to work today after 1hour working I been called to the office by supervisor, for questioning again, i explained what exactly happened than supervisor searched me and my bag as well(he found nothing) .
    Than he announced me that I am suspended from work until investigation finished and he told me I have to go home now and wait for response from HR. Without any proof!!!, nobody seen me smoking in back-yard, only that one colleague said he smells weed! I do not smoke weed, I am decent guy.
    I been told im not gonna loose money, ill get paid anyway during investigation(my basic salary), but i need to do overtimes as well, because I have to help my mom with money. Basically if I don’t do at least 60hours extra every month I can’t cover my bills. Now i can’t do any overtimes until investigation will be finished.

    I would like to ask you if I have to take any action against colleague(for slander) who put me in this stressful situation( because i think he done it because he don’t like me and he didn’t like that agency bloke as well).
    Should I take action against supervisor who searched my stuff? (I let him to do that because i have nothing to hide, but i think he haven’t got right’s to do that ) .
    At the beginning of questioning i told him as well that i don’t feel comfortable to talk with him, and I asked him if I can do that questioning with another supervisor and I been told by him that we have to do that now(like we MUST) and I felt he is doing pressure on me. I wanted another supervisor because I know this guy have problem with foreigner people and another supervisor is ok.

    They haven’t any proof , nobody seen me smoking, I was wrong time in wrong place…
    What should I do please?

    Thank’s

    • Alison says:

      Dear Jozef

      Thank you for your comment and I am sorry to hear what has happened.

      Hopefully when you have the opportunity to explain what happened and your version of events the employer will allow you to return to work. I would recommend that you contact your employer asap and explain that being suspended is causing you to lose your overtime pay and the associated financial hardship and that you want them to deal with the investigation as a matter of urgency.

      Unfortunately I cannot advise regarding a claim for defamation or any claims against your colleagues.

      If you would like to discuss your case in detail please contact me directly 023 8098 2006.

      Kind regards

      Alison

  31. Jamie burton says:

    Hi, I have 2 jobs and I was sent home from my main job on Wednesday due to being ill. Went to the doctors got antibiotics and was also off Thursday from my main job, I started to feel ok so went into my second job that night. Then woke up feeling ill again so called in at my main job & my second job on the Friday. Now I’ve gone into my main job this morning and been suspended as someone seen me Thursday night at my second job. Is there anything I can do to prevent me losing my job?

    • Alison says:

      Dear Jamie

      I recommend that you contact your employer and explain what happened and assure them that you were genuinely sick when you said you were. Hopefully they will accept your explanation of events and allow you to return to work.

      If you would like to discuss your specific case then please do not hesitate to contact me.

      Kind regards

      Alison

  32. Chris says:

    Hi, Me and my drivers mate were called into the office on Tuesday 24/01/2017and told we had breached company health and safety. This came to light after photographic evidence from the previous Saturday 22/01/2017 was produced These photos were taken without our consent.My drivers mate was immediately suspended but I was not. Then today 25/01/2017 after I had finished my deliveries I was then called back into the office and told I was suspended. Do I have any redress on why i was not suspended at the same as my drivers mate.

    • Alison says:

      Hi Chris

      Thank you for your comment. Your employer may have various reasons why they did not suspend you at the same time as your colleague. The fact that they did not suspend you at the same time will not effect the fairness of any disciplinary action or decision.

      You should ask the reason why there was a delay between the two suspensions when you are invited to an investigation or disciplinary meeting.

      Kind regards

      Alison

  33. Jane says:

    My son has been suspended for nearly 8 weeks now .This is due to a breach of H&S . Originally he was informed of a meeting with his line manager on A company media website .At the meeting he was suspended. Since then he has another meeting where they apoligized for the first meeting but then left him suspended for a futher six weeks. He has contacted them at least four times asking what is going to happen . Each time they inform him someone will come back to him but they dont . Tonight he recieved a hand delivered letter outlining that a disiplinary meeting will take place a week Friday .The correspondance has outlined their case but some of it is flawed .Also he was not trained in the area depicted. My son has worked for the company for ten years and believes that they are wanting him out as his contract is for a higher pay.than the rest of his colleages I might add that my son is married with children and mortgage ect. This is effecting his health what do you advise him to do.

    • Alison says:

      Hi Jane

      Thank you for your comment. I recommend that, depending on the outcome of your son’s disciplinary he seek some specific advice about his case asap.

      Breaches of Health and Safety can justify dismissal but it will very much depend on the circumstances, what he does and how they allege he has breached health and safety.

      I offer an initial free telephone discussion if you or your son would like to discuss you can contact me 023 8098 2006.

      Kind regards

      Alison

  34. Alan Dickinson says:

    Hi I was suspended from work on full pay on fri due to an allegation of assault which is not true and completely false. There was no witnesses to the alleged assault so it’s my word against the complainant. I am awaiting a letter now to return to work once the case has been investigated for the verdict . My question is if I have handed a sickness certificate in from my doctor can the case still be heard and can they still take any action against me I.e. Dismiss me or due they have to wait till I’m fit and able to attend ..? Thanks

    • Alison says:

      Hi Alan

      Thank you for your comment. In answer to your question, if your Doctor has said that you are not fit to engage in the disciplinary or investigation process then your employer cannot compel you to attend a meeting and it would be reasonable, in the short term, to delay the process. If however it is going to be long term that you cannot attend a meeting they can proceed with the investigation by offering you the opportunity to attend by telephone or respond in writing.

      Being signed off sick in itself will not stop or delay the process indefinitely. If you do not attend or engage in the process they can make a decision in your absence.

      Also your Doctor would need to confirm that you cannot attend meetings and not just that you are unfit for work.

      If you would like to discuss your case specifically please contact me on 023 8098 2006.

      Kind regards

      Alison

  35. Abel says:

    Hi,my name is Abel
    I got a phone call from my manager when I was at work.he told me that am suspended, so my concern is that.if you get suspended does is not get to an HR and the management and they sign it down that am suspended based on which grounds?because he got allegations about me and he never call a meeting to find the true story about the whole story… So can I be assisted is been 10 days sitting at home and his postponing dates about my suspension

    • Alison says:

      Hi Abel

      Thank you for your comment and I am sorry to hear what has happened.

      If you have an employee handbook, procedure or contract which states how the suspension process should be dealt with then you may have grounds for complaint if your manager did not follow it. Otherwise your employer can generally suspend, as long as you are being paid, whilst they investigate an allegation of misconduct, for example.

      Your suspension should be for a period of time no longer than necessary and reasonable to investigate the allegation.

      If you have concerns about the process followed or your manager’s behaviour then I recommend that you raise the matter in writing either informally or by a formal grievance.

      I would be happy to discuss your particular case if you would like to contact me on 023 8098 2006.

      Kind regards

      Alison

  36. Trina says:

    My friend was suspended for 2 days w/o pay. Now the company is short staff and they want to call him off his suspension to return to work. This sounds like a set-up. If he returns to work can they in turn fire him since technically he didn’t complete the suspension? What I mean is can they upgrade his suspension to termination and does returning to work nullify the suspension so they fire him instead.

    • Alison says:

      Hi Trina

      Thank you for your comment. If the Company your friend works for have asked him to return to work then they have essentially lifted the suspension.

      If they subsequently terminate his employment because he complied with their request to return to work then it is likely that it will be unfair. If your friend has been employed for 2 years or more then he may have a claim for unfair dismissal.

      I would be happy to discuss your friend’s particular case if he would like to contact me on 023 8098 2006.

      Kind regards

      Alison

  37. Steve says:

    Hi so long story cut short I work for a company that takes care of the long haul flights pillows’blankets,headphones’sstock for the flight .anyway where I work I there is a lot of work for one person , loading pallets with stock then taking them down for screening (X-ray) ordering stock ,office work keeping. Notes receipts and many other office related things . I am employed as a warehouse stores person I find my self doing various things dropping members of staff around the airport etc my point it’s a lot for one person todo I have asked for help but they the company are not interested in hiring any one to make the place run better i.e. One person for office side and one for the manual labour side the warehouse . Anyway back to my point. The other day I found my self rushing around trying to do 10 jobs at once I forgot to load a item on my pallets the result was the plane was delayed 20 mins and I have. Been suspenders with pay. I am worried that I maybe liable for the fine .i only get minimum wage yet have the responsibility of a higher paid person I try my best but I am only one person I am human I make mistakes I am. Not perfect. Anyway thanks for having a look at this for me from Steve

    • Alison says:

      Hi Steve

      Thank you for your comment and I am sorry to hear what has happened.

      Whether or not your employer can deduct the ‘fine’ from your wages will depend on what it says in your contract. I would recommend that you check your contract and if they do make a deduction get in touch for some specific advice.

      If your employer proceeds with a disciplinary about this issue then I recommend that you raise the issues about pressure of work in your defence.

      As an aside if changes are not made to the way you work in future and you are under pressure you should raise this formally with your employer in writing or by way of a grievance to ensure the issues are on record.

      I would be happy to discuss your particular case if you would like to contact me on 023 8098 2006.

      Kind regards

      Alison

  38. Bigticket says:

    I have been suspended from my work because someone has maliciously filed a complaint about me direct to my employer after reading and being offended by admittedly 2 very rude comments about a person’s behaviour in a video on Facebook.

    The wording I read in an email to my manager was ”constantly spreading hate” which I have researched and have found to be a false and libelous defamatory accusation against me of a crime I have neither committed nor even been reported to Facebook or the police over.

    My company are upset because my Facebook profile picture happened to me proudly displaying my company uniform with a smile and that my job title was set to my current employment. My company are of the belief that a random member of the public had noticed my comment and recognised the uniform and filed their complaint in order to bring employee behaviour to the attention of the company. I feel this was deliberately misleading because the post I passed comment on which was screenshotted and sent in was from a post by a childhood friend of mine who still lives in my home town which is nowhere near my company’s customer base area. Also of note, my friend and I have similar political beliefs which has been known to cause hysterical reaction from none other than his sister who has recently ‘unfriended’ him. I believe that if it is not her then it could well be someone else who has taken exception to my comments and decided to vindictively target my career knowing my company would take serious my social media activities.

    Furthermore, having checked up on hate speech laws in the U.K. it appears my employer tends to be in agreement that my crass and offensive (but not illegal) comments are sufficient grounds for investigation and suspension even tho I have never mentioned my company in any way or discussed work whatsoever. Having read the post on this website about suspension I feel I have been wrongly suspended since I pose no harm to my fellow employees or place of work, and I am seriously losing reputation by being suspended since now as of Monday my colleagues will be wondering why I am not in attendance at a course we have all been looking forward to for the past 10 weeks. The course instructor is aware of my suspension and while I have also been banned from any contact with colleagues other than union advice, my colleagues will surely try to contact me to offer support and find out what has happened.

    I am just still inside my 6 month probationary period so I would be easy to fire but would the fact that I have been wrongly accused of a crime be grounds for a defamation case against my original accuser AND my company for forwarding the libelous accusation by email down to my investigating manager etc.?

    Further, have I got a right to face my accuser or at least find out their identity? My company’s complaints ‘privacy policy’ states the information may be used to assist with police investigations among other reasons but if the identity of my accuser happens to be merely maliciously reporting me for the sole reason of destroying my career then where do I go from here?

    Reagrds

    • Alison says:

      Hi Bigticket

      Thank you for your comment and I am sorry to hear about the issues that you are currently facing.

      In relation to your question about suspension I do agree that allegations about your behaviour on Facebook would not, in my opinion, be sufficient grounds to justify suspension. Unfortunately however as you have been employed for less than 2 years your rights, from an employment perspective, are fairly limited. You may have other employment rights that do not require 2 years service, however I would need to explore this with you in more detail to advise.

      In terms of your question about defamation unfortunately I cannot advise on this as it is outside of my area of expertise. I recommend that you seek advice from a specialist on this. You can find a solicitor by their area of expertise here http://solicitors.lawsociety.org.uk/..

      Best regards

      Alison

  39. Abel says:

    Hi, is Abel again…m writing to u because m still being suspended and my manager still he Neva give the time and the date of my suspension Tht it wil be till when. Also I Neva got paid,so I want to knw what must I do according to this kind of situation? And I will like to receive a call frm u.to take some advice,bt I dn’t knw If I leave my contact will it be fine wth u?

  40. David says:

    Quick question:
    I missed work 3/172017
    I was / am sick. I went to the doctor and a shot and some medicine.
    I got up today and was at work on time 3/20/2017
    With a doctors note.
    They have suspended me until further notice. I have missed work in the pass due to illness, or one of my children being sick, o e broke her arm. Another had surgery. Everynow and then it get really hard to manage my career with 3 children. But I have always be honest and straight forward. They have always know. Everything that has gone on.
    I asked was I getting paid for the suspension.
    I was told it depend on the outcome. (That is in writing).

    • Alison says:

      Dear David

      Thank you for your comment and I am sorry to hear what has happened.

      Unless your contract states otherwise you should be paid whilst you are suspended from work. In addition it does not seem like a reasonable reason to suspend you and if you are still suspended you should consider a formal grievance about this.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  41. James says:

    Dear Madam,

    I got suspended from work 11/1/2017 due to certificate issue they said i break disciplinary also I have been working for the company over a year part time 24 hours permanent contract. Now I’m still on suspension they paid last month£785 which is my full payment but they paid this month 0.02p my account . My GM always shown busy but he never worked hard and always jumping​ around holiday. He couldn’t even bother to text me when my disciplinary meeting gonna be held , last week we had what’s app chat and he said he is going​ back to me in 2 days but no response . Every month 30th i paid my rent but this now I’m gonna trouble no money also no food . I really don’t​ know what to do. Please help me to find a solution thanks

    • Alison says:

      Dear James

      Thank you for your comment and I am sorry to hear what has happened at work.

      Unless your contract states otherwise you should be paid whilst you are suspended from work. I therefore recommend that you contact your employer formally and in writing about the lack of payment as soon as possible.

      It also seems like an excessive period of time to suspend you and you should consider a formal grievance about this.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  42. Mertal says:

    Hi
    On Monday I was at work ( I’m a care worker) I had worked my morning shift and had just started my tea shift when I had a phone call from my manager. She said that she was really sorry but had to take me off my work. She said their had been an allegation and she was doing it for my own protection. And not to worry and she would call me the following day. The next day I went home an received nothing so I phoned and spoke to another employee who said she would pass it on about 10 minutes later I had a phone call from the person underneath my manage who seemed very concerned about me and kept telling me not to worry and that they had heard nothing since the initial allegation and that she would get the manager to phone me, later that day I received an email of my manager saying she’s feels awful about the situation and can’t discuss anything yet but she had been promised she would heard something latest by 5 pm the following day ( Thursday) nothing was heard and she emailed me to tell me again sighting how stressful this must be for me. Yesterday I had another email (Friday) saying yet again nothing has been forwarded onto her so she can discuss anything with me. It’s been a working week and I’ve heard nothing I’ve had nothing through the post. I was just told to go home and please try not to worry. I suffer from anxiety anyway and this has really got to me I haven’t slept, eaten and had very little to drink and I’ve been to the doctor and put on medication.
    At the moment I can’t even justify talking to anyone in the office or going in to have a discussion. This whole process has made me very ill and with working for the company 5 and a half years nothing has ever happened to me like this.
    I just don’t know what to do I thought I would of heard something by now if I had done something wrong etc?
    Please Eli ( sorry for the long post)

    • Alison says:

      Thank you for your comment and I am sorry to hear what has happened.

      Given the length of time you have been suspended and the anxiety this is causing I recommend that you make a formal written request for either the reasons for your suspension or to be allowed to return to work. You should emphasise the impact it is having on your health. If the allegation is serious enough to suspend you your employer should have the information to tell you what it is about.

      In the event that your employer does not respond or delays in responding then you should consider raising a formal written grievance about your treatment.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  43. Maria says:

    Hi Allison,
    I work at a hospital and on my off day my manager called me asking me to come in so she could talk to me. I went in on my off day and she said “patients told her I did not get their vital signs and I charted vital signs for those patients”. My manager then says I’m suspended so she can further investigate the issue. I just started and have only been there for 2mths. Does this basically mean she is going to fire me. Thanks Maria

    • Alison says:

      Dear Maria

      Thank you for your comment. I am sorry to hear what has happened.

      It sounds as though, given the duty of care to patients, your manager does have justification to suspend you at this stage whilst she investigates the allegations.

      I cannot advise on whether she will decide to dismiss you, it will of course depend on the outcome of the investigations. I can say that just because you have been suspended does not necessarily mean dismissal is an inevitable outcome.

      If you would like full advice on your situation or would like to discuss the outcome please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk.

      Kind regards

      Alison

  44. Ang mar says:

    Hi I have been bullied, harassed and suffered disability discrimination at work, I attended an investigation for the most ridiculous things, which resulted in a disciplinary which hasn’t taken place yet at the same time I submitted a grievance against a manager and senior manager, pending the meeting, I collated some Erorrs that other colleagues were doing in attempt to defend myself in my disciplinary, I emailed the info to my home email , so I could print it out and present at the meeting, I’ve been suspended for breach, on full pay, the info on the email has clients names only, no addresses or phone numbers, . Will I be dismissed ?

    • Alison says:

      Thank you for your email.

      I am unable to advise on whether it is likely that your employer will dismiss you for the allegations, however I would advise you to put forward your best possible case to defend yourself at the disciplinary hearing. You should ensure you explain fully your reasons for sending the information to your personal email and also give details of the treatment you have been receiving.

      If you are dismissed you may have a potential claim for unfair dismissal as well as possible claims for discrimination and harassment.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  45. Tim nicholls says:

    hi after some advise please
    on 26.04.17 i have had a letter from my employer stating that i have been suspended from work for theft of company property
    while they carry out a investigation.
    can i expect full pay for this time.
    also if they do dismiss me as ive been there for over 17yrs can i expect a pay off in lue of notice
    and as i had to return there work van with all my tools in it where do i stand with recovering them

    • Alison says:

      Dear Tim

      Thank you for your comment. Whilst you are suspended unless your contract states otherwise you should receive your normal pay.

      If your employment is terminated for gross misconduct there is no obligation to provide you with notice. If it is not gross misconduct your employer will be able to give you notice or pay you in lieu of notice.

      The length of notice will depend on what it states in your contract.

      If your employer has property belonging to you then you can request the return at anytime.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  46. Michelle ziegler says:

    I was suspended with pay from Comcast for allegations of practices with customers that everyone in the company does and we were taaught ,The hr manager assaulted mean by priding the phone out of my hand by grabbing my wrist with my hand

    • Alison says:

      Dear Michelle

      Thank you for your comment. I am sorry to hear what has happened.

      I recommend that you prepare your defence to the allegations on the basis you have stated and try to produce evidence that what you were doing was as you were instructed by your employer or is common practice across the organisation.

      With regards to the assault by the HR Manager I cannot advise on this but you should seek advice on your legal rights and possibly consider a report to the police.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  47. Damia says:

    I have been suspended pending results of am investigation. There are emails sent on the workplace email that are relevant that I need to retrieve to help my case but as part of the suspension I have been blocked from the emails. Can I demand access?

    • Alison says:

      Dear Damia

      Thank you for your comment.

      At the point in which your employer decides to take the matter forward to a disciplinary they have an obligation to allow you access to the systems to obtain evidence in support of your case or to obtain this and provide to you in advance of any disciplinary meetings.

      It is arguable that it would be reasonable to allow you access before if it could bring an end to your suspension and the whole process. I recommend that you notify your employer in writing that these emails exist and request the opportunity at this early stage to access.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  48. Rose says:

    I have worked for a Community care company for over 3 years.I have been suspended one week tomorrow..My Boss told me there have a serious allegation against me but they cant say who and what the complaint about Boss told me I have to wait to contact by Trust whos dealing my case they havent contacted me yet since last Tuesday..Now im hanging on the air Im suspended without pay I am a single parent and have so much bills to pay I have not been told how long I am suspended for.Please help.

    • Alison says:

      Dear Rose

      Thank you for your comment and I am sorry to hear what has happened.

      Unless your contract states otherwise your employer should continue to pay you whilst you are suspended. You also have the right to be given information about the reason for your suspension and length of time/likely length of time that you are going to be suspended for.

      I recommend that you write to your employer requesting information about your suspension and reasons why you are not being paid whilst you are suspended. Depending upon their response you may have grounds for a formal grievance and potential claim for unpaid wages.

      If you would like additional guidance on suspension and template letters for you to use you can purchase our new suspension toolkit here http://www.adviceforemployees.co.uk/product/essential-suspension-documents-guidance/ for £36.

      Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  49. Taylor Johnson says:

    Hello I have been suspended from work due to an incident with a customer, I was told it was gonna be a week suspension but it’s now approaching 2 weeks and I still haven’t heard anything, does it sound fishy to you at all?

    • Alison says:

      Dear Taylor

      Thank you for your email and I am sorry to hear about the uncertainty you are facing.

      The fact that your employer has extended your suspension beyond the week they first told you does not necessarily mean that something untoward is happening, it could be that it is taking them longer to investigate and get the process started than they had anticipated.

      However as you have not heard from your employer since your suspension I would recommend that you contact them in writing to find out what is happening, and highlight that you were originally told it would only be one week.
      If you would like additional guidance on suspension and template letters for you to use you can purchase our new suspension toolkit here http://www.adviceforemployees.co.uk/product/essential-suspension-documents-guidance/ for £36.

      Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  50. Jennifer's Morton says:

    Hi my partner has just been suspended from work at a gym as he changed the date of birth for a 12year old to do fitness classes with her mum on their memberships as the system wouldn’t let them book on classes , he’s been told now that they should be 14years old, the manager has pulled him up on this and interviewed him and got another member of staff to write down what was said in the interview, he’s then said that it shouldn’t be discussed with anyone but he’s just let a member of staff be involved himself, the manager then said he will escort my partner off the premises! My partner didn’t know how serious of a problem it was as is has never been explained to him for under 14 years to use the gym. Any advice on what to do next would be very greatly appreciated.

    • alison says:

      Dear Jennifer

      Thank you for your comment.

      I am sorry to hear what has happened. In the circumstances you have explained it seems unreasonable to suspend your partner for this allegation. This is a straightforward issue that should be resolved fairly quickly and if your partner was not informed that the minimum age was 14 then it would not be reasonable to dismiss him for this allegation.

      I recommend that your partner write to his employer asking for information about why they feel that it is justification to suspend him and asking for them to deal with the matter without further delay. If he remains suspended and no response is received he may wish to consider raising a formal grievance about his treatment.

      If you would like additional guidance on suspension and template letters for you to use you can purchase our suspension toolkit here http://www.adviceforemployees.co.uk/product/essential-suspension-documents-guidance/ for £36.

      Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

    • alison says:

      Dear Talia

      Thank you for your comment. I am sorry to hear you have been suspended.

      Your employer should only suspend you for a reasonable period of time to investigate the allegation against you, and in light of what you are accused of this should not take long. If you are still currently suspended I recommend that you contact your employer in writing and request that you are allowed to return to work and/or that they conclude the matter as quickly as possible.

      If you receive no response or they keep you suspended for longer then you may consider raising a formal grievance.

      If you would like additional guidance on suspension and template letters for you to use you can purchase our suspension toolkit here http://www.adviceforemployees.co.uk/product/essential-suspension-documents-guidance/ for £36.

      Alternatively if you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

  51. Lhanz says:

    I was suspended for 5 day bcoz i shared my answered to my co-trainees.My intension is to help them pass the exam on that day. I didnt realized the imfact of what ive done.Now im waiting the desicion of the company for me.And i hope i can go back to work I miss my job and my friends

    • alison says:

      Dear Lhanz

      Thank you for your comment and I am sorry to hear what has happened. Given the fact that you admit what has happened and it would seem the employer has evidence of this then my best advice is to try to appeal to your employer with your reasons and apologies.

      If you would like specific advice about your case or to discuss further please do not hesitate to contact me – alison@realemploymentlawadvice.co.uk

      Kind regards

      Alison

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