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what rights...

 
Author kwasanri
Partaker 
#1 | Posted: 27 Feb 2009 21:40 
I just wonder,friend of mine is in trouble. He wasnt like at work very much because of hes nationality and now he has been suspend from duty. The reason, they suspect he hit one of residents, what I hardly belive.

I have done little reaserch but to be honest I cant see any way how he can go against this allogation. Can anyone advice something?

with grettings


Author isettaman
Partaker 
#2 | Posted: 27 Feb 2009 22:58 
Hi Kwasanri

He should go to the citizens advice bureau, they will be able to advise him.

Allegations have to be proved. did anyone witness the assault? Is it his word against the resident? Is there any medical evidence?

The employer must carry out an investigation and then hold a disciplinary hearing with your friend. Your friend is entitled to have a representative with him to support him and make notes. This representative can be either another employee or a trade union official if he is a member of a union. I'm not 100% certain but these rights may depend on his length of service and whether he is on a temporary or permanent contract.

I think I'm correct, others will advise if I'm not.

Dave

Author jamesd2004
Partaker 
#3 | Posted: 27 Feb 2009 23:21 
Well, if he alleged to hit one of the residents then they have to suspend him. No choice.

In this case before any disciplinary hearing there will need to be a police investigation potentially first (depending on what they say) as it is of a criminal nature.

If he is not a member of a trade union, even if he signed up today, It will be at least 6 weeks usually before they will even support him formally. They may still not help represent him at any hearing either as this is before he joined them if he does join one.

With any allegation he is entitled to a fair trial by his employers. It therefore depends on what the police say (assuming of course they have contacted them as alot dont, when they should do). They will need to present the evidence to your friend so you can answer the allegation. Your friend will be given a copy of the disciplinary procedure and what to expect.

I would advise he takes someone along for support. The citizens advice bureau I think are rubbish but in this case he should ask for their advice and also goto

http://www.worksmart.org.uk/rights/

He should be given a point of contact as well to discuss or ask any questions.

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