Have you been suspended from work?
We can help get things sorted with your employer — contact specialist employment lawyer, Carolyn Ranson today to set up an appointment.
13 March, 2015 | Carolyn Ranson
Generally, there is no automatic right to suspend an employee unless the employment agreement provides for suspension.
If you are suspended, the first step is to check the terms of your employment agreement to see:
In any event, the employer must follow a fair process before deciding to suspend the employee. What is considered fair will depend on the circumstances but usually you should be given a chance to comment on the suspension and it should be on full pay.
Even if your employment agreement is silent on suspension, you might still be suspended during the disciplinary process in particularly serious cases. Examples of serious misconduct are: alleged assault, theft or other instances where the employer has grounds to believe that allowing you to remain on the premises while an investigation is carried out risks and exposes the business in some way.
What is clear is that the Courts view suspension as a very serious step. If, in the circumstances, your employer has not suspended without cause or has not suspended with a proper process then you may have a claim for an unjustified disadvantage.
We recommend that you obtain advice from your employment lawyer regarding your suspension and your options going forward.
(Please note we do not offer no win – no fee payment arrangements)
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