Suspension from work can be a very stressful experience; this is especially true if it feels unjustified or mishandled. Understanding your rights as an employee if you have been wrongly suspended from work are essential to protecting your career and also your wellbeing.

Take a look at this wrongful suspension guide so you can know your rights as an employee and the steps you can take to protect yourself.

How to Identify a Wrongful Suspension

Suspensions are typically used as a neutral action during the investigation into misconduct. They allow your employer to gather facts without interference, however, a suspension can become wrongful if it is unjustified, causes you harm or is poorly handled.

Some key indicators that your suspension may be wrongful include:

Unclear Reasons for Suspension

You are entitled to know why you have been suspended. If your employer does not give you a clear explanation, this means that there’s a lack of transparency and you may have a case for wrongful suspension.

No Prior Investigation

Employers need to have a basis for all the actions that they take before deciding to suspend you. If you get immediate suspension without a preliminary inquiry, that is considered inappropriate.

Excessively Long Suspensions

While suspension should be a temporary measure, a prolonged period without any clear guidelines can be deemed unfair. The suspension period should be as sort as possible and regularly reviewed, so if this is not happening, it is a sign that your suspension may be wrongful.

No Opportunity to Defend Yourself

If you are not getting a chance to defend yourself and respond to the allegations before you are suspended, this could be a breach of fair procedure.

Suspension as Punishment

Suspension is not something that should be used as a disciplinary measure before any type of investigation is concluded. If the suspension feels punitive rather than precautionary, it is often a sign of wrongful treatment.

What Rights Do I Have as an Employee If I Have Been Wrongly Suspended From Work?

If you’re employed in the UK, you are protected by employment laws. This ensures fair treatment during any form of disciplinary process. If you suspect that your suspension is being misunderstood in any way, then understanding your rights is critical.

First, employers must inform you in writing of the reasons that they are suspending you as well as any decisions that apply during this period of time. A lack of clarity is a procedural breach that unfortunately is very common as investigations must follow a certain set of protocols. Employees are also bound by their disciplinary policies because they should align with the ACAS code of practice.

If you believe that your suspension was unfair in any way, you have the right to raise a formal grievance about it just as you would when reporting unfair treatment at work. This internal process allows you to challenge how you were treated and seek out a proper resolution.

Additionally, confidentiality is very important. Employees must handle suspensions as discreetly as possible. Public disclosure that will damage your reputation is also grounds for you to take further action.

Next Steps If You Have Been Wrongfully Suspended

If you suspect that your suspension was wrongful, you should act promptly and follow these steps.

The first thing you need to do is ask your employer to give you a detailed explanation of why you were suspended. You should then review your employment contract and the company policies you want to determine whether the proper procedure has been followed for your suspension. Make sure to keep a record of all the communication and documents because this is critical to building your case.

Next, you should consider raising a formal grievance if the issue remains unresolved.  If any internal processes fail you can contact legal experts to help you. Premier Legal’s employment law services can provide tailored advice.

If suspension leads to any kind of significant harm, compensation may also be available to you. Getting the right legal advice ensures that your rights are fully protected at all times and you are made aware of potential remedies and compensation for unfair dismissal.

How Premier Legal Can Help

Navigating the wrongful suspension can be very challenging especially if you don’t have professional guidance. Premier Legal has extensive experience in dealing with employment law.

If you need somebody to help you resolve the case and protect your rights, our team can provide personal advice. To learn more about our services or to discuss your situation, all you have to do is contact us today through our contact page.