My husband has been suspended from work after having a serious allegation against him. But no one has told him what this allegation is, they just said they would contact him in due course. He has also been suspended on full pay, is this legal ?!
yes it's perfectly legal i'm afraid, it happened in my old
work to a colleague three years ago.he got taken into
managers office first thing in the morn to be told of suspension and was escorted from the building within
half an hour. i don't understand why your husband doesn't
know what the allegation is surely he was informed of
reason at time of his suspension.
The company is supposed to tell him why he has been suspended but dont have to tell him how long he will be suspended for
If he feels he has been unjustly suspended or the company havent followed the statutory procedures, he can submit a grievance, in writing, to his HR department or Head of Department
Yeah, I was thinking that myself!! But it's very unlike him but you never know.
I told him to call HR tomorrow and i'll make sure i'm around to listen in!!
Thanks all for your help.
At some point or another they have to tell you the substance of the allegations - sohecan defend it, but in the case of a complaint they dont have to show the actual complaint [ ie they have to give th gist of it]
The company does not have to inform you of the allegation if they believe that they would be putting the acuser under duress. They could hide behind this.
This may be a matter of when they have to tell him what the allegation is. Clearly, they must do so before coming to a decision on his future with the company as otherwise he would have no opportunity to defend himself and their action - if they dismissed or disciplined him - would be indefensible. On the other hand, if they decide there is no substance in the allegation and let him return to work they may think they should not tell him what it was about. If that happens and he doesn't want to accept it, he will have to go through the grievance procedure. (There is a statutory procedure they must follow if he submits a grievance.)
Employment Law changed in October 2004 and there are certain procedures that employees have to follow if they're considering dismissal. Have a look at the link. It contains quite a bit of imformation that wouldn't be relevant but if you scroll through, you'll find that your husband should have been informed of the allegation by way of letter (including dates, times etc). If your husband lost his job but his employers failed to follow legal procedures, he'd wipe the floor with them at an ET.
If he's in the Union get them to represent him. If not the CAB may help or a local solicitor. Get a copy of his contract of employment and look at the disapline procedures. Make sure you follow the procedures and get everything in writing. Log all phone calls and file documents in date order. Legal Aid is available if it gets that far. Remember DON'T ADMIT ANYTHING and don't accept any deals.