If you have been suspended from work, try not to panic. As a specialist employment solicitor here at Lincs Law Employment Solicitors, I am often asked “…. but does anyone get to return to work after being suspended?” In response, I often reassure my clients that whilst they may feel dismissal is inevitable, this is not true. Please read on to find out more.
Most days we receive calls from concerned clients who have been suspended from work and are, understandably, nervous about the process. If you have been suspended, we would be delighted to help. For a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Suspension: Overview
Here at Lincs Law Employment Solicitors, we understand being suspended can be very stressful and puts pressure on you and your family. However, one of the first things we say to our clients is – try not to panic!
Importantly, your employer should firstly explain why you have been suspended. For example, this could be to protect evidence or where there is a perceived threat to the business or other employees. If your employer does not provide a sufficient explanation about why you have been suspended, ask them!
If you have concerns about the decision to suspend you, you should raise this with your employer promptly (ideally in writing).
Importantly, your suspension should be kept as brief as possible and under review.
I Have Been Suspended From Work – What Does That Mean?
If you have been suspended from work, this means your employer considers you may have committed act(s) of misconduct and has decided to start a formal investigation process. Fundamentally, they need to take steps to consider what you have allegedly done, and what (if any) action needs to be taken.
During the investigation process, your employer should carry out all necessary enquiries and gather relevant evidence. This will likely include collating all relevant documentation; collecting witness statements; and, potentially holding a fact-finding meeting with you. Importantly, the investigation process (including your suspension) should not result in any disciplinary action in and of itself.
For more information about disciplinary investigations, please see here – https://lincslaw.co.uk/blog/i-have-been-invited-to-a-disciplinary-investigation-meeting-what-should-i-say/
I Have Been Suspended From Work – Will I Be Dismissed?
The short answer is – not necessarily!
Once your employer has completed their investigation (as above), they will firstly need to decide whether there is a disciplinary case to answer. Whilst it is easy to think about the worst-case scenario, there are several possible outcomes of any disciplinary investigation:
a) Firstly, your employer could decide, based on the available evidence and your representations, that there is no disciplinary case to answer. In these circumstances, there should be no further action and you should be allowed to return to work. From experience, this can happen!
b) Alternatively, your employer could decide there is a disciplinary case to answer. If this is decided, you will likely remain suspended until a disciplinary hearing has taken place.
Even if your employer does find there is a disciplinary case to answer, this does not mean you will be dismissed. You should be provided with an opportunity to attend a disciplinary hearing to make your representations and defend yourself. For more information about attending a disciplinary hearing, please see here – https://lincslaw.co.uk/blog/employee-top-tips-for-a-disciplinary-hearing/
Following your disciplinary hearing, again, there are several possible outcomes. Your employer will, again, need to review the available evidence and decide on the balance of probabilities whether the allegation(s) against you are proven. If they are unproven, no further action should be taken and you would be free to return to work.
If the allegations are found to be proven, this still does not necessarily mean you will be dismissed. Your employer should consider the full range of disciplinary sanctions available such as warnings or demotion before deciding on dismissal with notice or summary (immediate) dismissal.
If your employer does decide to dismiss you, their decision should be reasonable in all the circumstances. If it is not, you may have a claim for Unfair Dismissal in the Employment Tribunal. Please see our blog here – https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-sacked-for-gross-misconduct/
Lincs Law Employment Solicitors Can Help You
If you have been suspended, you have every chance of being able to return to work.
The above said, it is important you take the investigation process (and the chance of disciplinary action) seriously. You will need take steps to prepare yourself and engage in the process accordingly.
If you have been suspended, you should therefore seek legal advice as soon as possible. If you would like a free consultation with one of team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitor
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