Sometimes you may find yourself in a difficult situation where your employer is contemplating disciplinary or dismissal action, based on allegations which have been made against you.
Your employer should always follow a fair procedure and adhere to the ACAS code of practice when seeking to address allegations of misconduct: https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
An employer must have ‘reasonable and proper cause’ to suspend you and this may not be appropriate in a lot of situations. Suspension should be on full pay and any period of suspension should be as short as possible.
A fair procedure must include an investigation into the allegations, informing you about the allegations and holding a disciplinary hearing to give you an opportunity to explain your version of events. You should be given the right of appeal against any decision your employer makes and then invited to an appeal hearing. You have the right to be accompanied at the disciplinary and appeal hearing by a work colleague or Trade Union representative.
It is always advisable to seek advice at an early stage to ensure that your employer is acting fairly and to give you the best opportunity to properly state your case and any appropriate mitigation.
For further information or advice, please contact us on 024 7623 1000.
Contact one of our Solicitors in Coventry: enquiries@askewslegal.co
