In any case of dismissal or disciplinary action against an employee, the employer is legally required to follow the appropriate procedure. These must be followed and made clear to the employee. If the correct procedure is not followed, then the dismissal can be automatically considered unfair, and the employee can take action against the employer. It is worth noting here that as an employee involved in a disciplinary/dismissal procedure you have the right to be accompanied by a trade union representative at every stage.
During the disciplinary procedure, the employee may be suspended from work temporarily. If this is the case, the reasons for the suspension must be made clear. An employee suspended as a response to a claim of discrimination is legally being victimised.
Unless stated in the contract of employment, the employer is obliged to keep the suspended employee on full pay to make it clear that the suspension is not a punishment. The employee also retains all of their employment rights during the period of suspension, and can take the case to an employment tribunal if any of these rights are infringed upon.
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