Suspended employment because of a disciplinary investigation might seem ominous at first.
But it’s standard practice for some employers when investigating disciplinary matters and may not necessarily result in your dismissal.
Employees can be suspended pending a formal investigation if an employer believes that they’ve breached disciplinary rules and while it’s rare for it to happen these days, there are some rules that should be followed.
For example, if you are suspended then it should be with full pay, so long as that is stipulated in your contract.
Suspension with full pay is common practice unless it specifically says otherwise in your employment contract, so it’s worth double-checking that just in case.
If you have been suspended from employment and would like to be connected to a specialist employment solicitor near to where you live or work, please either call us now on 0845 1391399 or complete a Free Online Enquiry
Suspended Employment – What Next?
Your employer should explain what to expect when you’re suspended.
You probably won’t be carrying on with your regular work and it’s likely that you won’t be doing any work for the company at all while you’re suspended.
You will retain your employment rights during this time, though, and if you feel you’ve been mistreated or if you haven’t been paid correctly, you should immediately take this up with your employer. If they will not deal with your grievance, you should seek legal advice.
During the investigation, your employer should keep you informed of what the next steps will be, whether that’s a formal investigation or any other relevant matters.
Disciplinary action can be brought against an employee by their employer if they have concerns relating to their work, conduct, or any absences.
There are strict protocols in place that businesses must adhere to when bringing disciplinary action against an employee, although each business is likely to have its own unique code of conduct that they should provide you with access to.
The disciplinary hearing is an employee’s chance to set out their case, bring witnesses forward, and answer questions about their conduct, performance, or absence.
At the hearing, you can ask for a companion to speak on your behalf, but the employer is not required to allow this. If allowed, they can set out your case, respond on your behalf, take notes, and summarise the case.
The Disciplinary Hearing
You may still be suspended from employment during this time if your employer considers it appropriate.
Legal standards must be adhered to by your employer, although these may already be laid out in your workplace code of conduct (this should be made available to you).
This applies to anyone with employment status, although employers should follow the same standards for all workers, contractors or freelancers if possible.
When it comes to your employer deciding on the action that they’re taking against you following the investigation, they should consider:
- All available information and evidence
- Previous action taken on similar cases
- Whether the action is fair and appropriate
If they have decided not to dismiss you from your position, then any decision should be provided in writing with clear and specific goals and a timeframe in which they should be achieved.
The decision should include crucial details such as how it’s been reached and all factors that they consider to support their deceision.
If it’s a dismissal, the date of termination of employment and notice period (if you are being dismissed), and information on your right to appeal should be included as well.
Suspended Employment Legal Advice
If you’ve been suspended from your work, it can be a stressful and challenging time, and knowing what happens next is not always easy.
Employment contracts and legal issues can be confusing at the best of times, which is why having a legal expert in your corner can be incredibly beneficial.
At Solicitors Near Me, we connect you with expert solicitors near to you for FREE to provide you with legal advice…
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To be connected to a specialist employment solicitor near to where you live, please either call us now on 0845 1391399 or complete a Free Online Enquiry.
