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Suspended for accessing shared files

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  • Suspended for accessing shared files

    I have been suspended from my work after I downloaded some files from our work shared drive.
    Everyone at work has access to the files on the drive unless they are restricted and the boss frequently informs us that everything is there on the drive to read.
    In this instance the boss had uploaded files that were confidential but had shared them with all staff. I had downloaded the folder to read the documents regarding a relevant topic prior to a meeting unaware that there were some confidential files within.
    The files were later restricted and so I did not mention it to the boss and had deleted them from my laptop. However, I have suddenly been suspended pending investigation and do not know what is likely to happen next. I’ve received no formal letter at this point, no indication of what other staff will be told regarding my absence. No discussion of my rights and obligations during the suspension other than not to contact other staff. I have also had my laptop confiscated and had to return the key to my filing cabinet.

    Can anyone offer any advice?
    Last edited by wsninty; 19th February 2020, 16:07:PM.
    Tags: None

  • #2
    Suspension is normally used when an allegation of serious or gross misconduct is being investigated but not established i.e. they do not know for certain and want to find out the full fact first and from which a decision will then be made as to whether to carry out any disciplinary action.*

    As part of the process you may be invited into an investigation meeting so that you can answer any questions that the investigator may have and respond to the allegations that have been made.

    The outcome of the investigation and period of suspension has a couple of options either the investigation does not find that the allegations are upheld and you can return to work or there is sufficient evidence for the company to consider some form of disciplinary action and you will be asked to attend a disciplinary meeting.

    The correct procedure should be that at the time of your suspension or very soon after you should have been given written confirmation that you had been suspended that includes:
    *
    • the reasons for the suspension and how long it is expected to last
    • your rights and obligations during the suspension. For example, that you should be contactable during normal working hours
    • a point of contact (such as a manager or HR) and their contact details for you during the suspension
    • that the purpose of suspension is to investigate and is not an assumption of guilt
    • informing you that you will remain on full pay unless your contract of employment says otherwise whilst suspended.
    The period of suspension should be kept as brief as possible and your employer should keep you regularly updated about the suspension, the ongoing reasons for it and how much longer it is going to last.

    Hope that proves some information on what is happening, however if you have any further questions, now or as you hear further from your employer please come back to this thread.

    *
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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