Suspension

Suspended from work

It’s more than likely that the suspension has come as a surprise and you have been isolated by your employer, not allowed to contact colleagues, access systems and not really know what’s going on. Your suspension from work should have been communicated to you in writing and should not presume any guilt. However, it’s normal to feel like the employer has already made up its mind, but your job now is to ensure you prepare as well as possible for any disciplinary procedure that may be initiated.

The decision to suspend should not be a ‘knee jerk reaction’. The Court of Appeal decided in the case of Agoreyo v London Borough of Lambeth that when considering suspension, the employer needs to have had reasonable and proper cause to do so rather than suspension being necessary.

Being acquainted with your rights and putting your case forward with the right support will significantly increase your chances of getting the right outcome. For some, that can be saving your job and for others it can mean moving on with a reasonable reference and compensation for having to leave your role. Employee HR can assign by providing an experience and qualified Trade Union Official where they can attend any formal meetings with you as well as providing telephone, written and face to face support.

There’s no substitute for having an expert on your side in these matters, but the minimum you must do is:

• Know the rules/law: read up on the ACAS Code of Practice for Disciplinary and Grievance Procedures https://www.acas.org.uk/acas-code-of-practice-for-disciplinary-and-grievance-procedures/html#the-code-of-practice

• Know your case: read all the relevant material provided by the employer and ask for any other relevant evidence.

• If you believe you were suspended unfairly and not with reasonable and proper cause, state this to your employer, setting out the reasons why - you may consider raising a Grievance about this.

• Ensure all the relevant witnesses have been interviewed; if not either ask for them to be interviewed and the transcript provided or request the witness is brought to the Disciplinary to be questioned.

• Present your case: write a statement setting out your case, any deficiencies in the evidence/case against you.

• At the Hearing: present your case and ask relevant questions about the investigation and the case against you.

• Finally, don’t resign before getting advice. There are times when you may think that whatever you do, the employer will dismiss you. However, most employers will make mistakes in the process, which could render any potential dismissal as unfair