I know of an employee who has been suspended for over 5 months now for something that the company have no evidence for and the employee is not in the wrong, any advice????
talk to an attorney that specialises in labor law. First visit is usualy free. Ask first, dont assume it is.
Are you sure this person has not been fired and is not telling you all the story? 5 months is a long time, and there would be some word from the HR office to that person concerning status and why..? An offical letter, a phone call, something?
length of time does not make sense?
I have just spent half a year suspended, was suspended last april and will be re-instated as soon as they can place me (so possibly another few months then!). I don't know where your friend is and each country is likely to be different. Here in the UK they had to review the suspension every 60 days or so and extend it if they had not come to any conclusion. My suspension is full pay so I did not mind too much but did find it difficult from the point of view of not knowing what was going to happen or being unable to move on if things went badly. Luckily for me I got a slap on the wrist (naughty girl) and will be back at work when they get me back
do you know whether its the uk law that they had to review your suspension every 60 days or was it the company policy??
I'm glad it has all worked out for you and you are going back to work
It is a local council job and may well be a policy of the council, I am not entirely sure. I know my case was a very unusual one. I had had a complaint made against me because of the scars on my arms and anything to do with mental health issues has to be treated with the utmost sensitivity or else I would be in a law suit now :rolleye:
A suspension of such length (infinite, apparently) could be seen as de facto termination. If the suspended person does not take appropriate legal action, this could weaken his/her legal position.
yes its definatly 5 months and still suspended, they had a disciplinary hearing at the begining of the month but the evidence presented in te hearing was not relevant to them and clearly the mistake of someone else so the meeting was halted while they gather more evidence but they cannot come up with anything?
My question would be,what kind of a person in their right mind would be suspended from any job for any large length of time and not have sense enough to move on in life?
In other words if someone I knew told me that I'd just look at them like a pitiful fool and have no words for them.
Good point. But without knowing the specific circumstances, it is hard to tell. Suspension often involves some nasty things, which could damage someone's career and cost them dearly. The best thing to do would have been to seek legal counsel from day one.
Yes I agree to a certain degree BenjaminB but if they have done nothing wrong and still being paid surely if they hand their notice in this would be like admitting they are in the wrong which is why they are not leaving and digging their heels in.
Oh still getting paid! Well in that case I would try and figure out what they did to achieve such a great situation. Still getting paid, I'll sign up for lifetime suspension on that plan and they can smear my name in any way they see fit in the process as long as the checks keep rolling in.
Speaking as an ex HR manager, there isn't a legal minimum suspension time, though there should be company policies in place that would lay out the expected process. (I'm assuming this is a UK person as you're based in the UK)
Length of suspension is generally governed by the complexity of the case, and although 5 months seems quite a long time it's by no means the longest I've known, and depending on circumstances could be perfectly reasonable.
What a person can do in this sort of situation depends on a wide variety of factors such as length of service and the allegations involved.
Sorry that this probably isn't much help but there isn't enough information in your post to really be able to give advice.
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