Suspended without pay.

A relative went into work yesterday to be told he was suspended without pay until further notice due to allegedly being tired and not full attentive on his previous day's [sunday] shift. The work is bar work. Relative was also accused of going in late --which they wernt the pub clock had been adjusted wrongly but pub landlady refuses to accept this.
Is it legally possible to suspend someone like this without written notice.

Comments

  • CAB_Malvern_Hills_representative
    CAB_Malvern_Hills_representative Posts: 153 Organisation Representative
    Hi

    Your relatives employer should really follow the ACAS code of guidance on dealing with disciplinary matters if the landlady has an issue with him. see below :

    http://www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/dealing_with_disciplinary_action_and_dismissal_at_work.htm#disciplinary_and_dismissal_procedures

    Only really for serious issues should an employer suspend an employee and even then this should be with pay unless his contract says otherwise ( assuming he has one ) It is likely that his employer is totally unaware of any of this in any event. This issue is best resolved by negotiation. He should get help from is local CAb if he doesn't get to return to work soon.
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  • oldtractor
    oldtractor Posts: 2,262
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    Thank you. Have contacted ACAS
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
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    Just to add, that he should check his contract carefully, as bar staff often work under a 'zero hours contract' or a 'flexible hours contract'. If that is the case, the contract will clearly state that there is no guarantee of work and and the employer is not obliged to offer any work. If that is the case, there is a difference between the employer 'suspending' the worker in the legal sense, and simply not offering any hours, which they are entitled to do under the contract.

    One other point - you do not say how long the person has worked for the company, but if their employment started before 5th April this year, they need 12 months service for protection from unfair dismissal, and after 5th April it is two years. What this means in practice is that they can be dismissed for any reason or no reason at all (provided the dismissal is not discriminatory).
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • oldtractor wrote: »
    Thank you. Have contacted ACAS

    You really shouldn't need to have to involve the services of ACAS to negotiate an amicable resolution here :)

    Has your relative tried speaking directly with the landlady?
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