Resigning while suspended from work

[Bobski27]

This is a complicated story so I will do my best to explain it in full :bounce:

I was suspended from work on the 8th February for breaches of the companies IT and email policy. I basically sent several emails to a col******/friend which they deemed as poor in taste as they were in relation to another col******.

During my suspension I have questioned why they read my emails and I have stated that the way I have been treated is unfair and unjustified by raising a grievance which at first they refused to uphold and on the 19th April I then appealed the grievance.

Since the 19th April I have heard nothing from the company and since I was suspended I realised that I would have to look for alternative employment.


Now here is the tricky part. Today I started a new role while still employed (Suspended) from my previous employers and I'm unsure how I should approach my old employers. I have had some advice from a employment law advisor and she has stated that I have a case for unfair dismissal if I was dismissed.

I'm unsure if I should just resign with immediate effect (any repurcussions?) and be thankful I have a new job or stay with the company and hope I get dismissed and push for unfair dismissal.

I know this may read as a very complicated situation but any advice is welcome.

Thank you.

[leclerc]

Re: Resigning while suspended from work

This is a complicated story so I will do my best to explain it in full :bounce:

I was suspended from work on the 8th February for breaches of the companies IT and email policy. I basically sent several emails to a col******/friend which they deemed as poor in taste as they were in relation to another col******.

During my suspension I have questioned why they read my emails and I have stated that the way I have been treated is unfair and unjustified by raising a grievance which at first they refused to uphold and on the 19th April I then appealed the grievance.

Since the 19th April I have heard nothing from the company and since I was suspended I realised that I would have to look for alternative employment.


Now here is the tricky part. Today I started a new role while still employed (Suspended) from my previous employers and I'm unsure how I should approach my old employers. I have had some advice from a employment law advisor and she has stated that I have a case for unfair dismissal if I was dismissed.

I'm unsure if I should just resign with immediate effect (any repurcussions?) and be thankful I have a new job or stay with the company and hope I get dismissed and push for unfair dismissal.

I know this may read as a very complicated situation but any advice is welcome.

Thank you.

This is probably one for Eloise but how did you get a reference from your previous/current employer?

[Bobski27]

Re: Resigning while suspended from work

This is probably one for Eloise but how did you get a reference from your previous/current employer?

My old team leader who is a good friend provided me with a reference. I was extremely cautious and also slightly concerned that I would struggle with a reference while still technically employed.

[leclerc]

Re: Resigning while suspended from work

My old team leader who is a good friend provided me with a reference. I was extremely cautious and also slightly concerned that I would struggle with a reference while still technically employed.

Is he still with the company?
Were you using him as a company work reference?

[Bobski27]

Re: Resigning while suspended from work

Is he still with the company?
Were you using him as a company work reference?

Yes to both questions.

[leclerc]

Re: Resigning while suspended from work

Yes to both questions.

Is it a big company with a central Human Resources?

[Bobski27]

Re: Resigning while suspended from work

Relatively big with a HR team.

May I ask why this is relevant?

[leclerc]

Re: Resigning while suspended from work

Relatively big with a HR team.

May I ask why this is relevant?

I'm asking cos the actions of your former team leader could lead to him being sacked from the company or facing disciplinary over the matter and might even lead to you losing the job you have gained based on deception in gaining that reference.
You can resign btw, but the firm can still proceed and sack you during the notice period which Eloise will confirm.

[Eloise01]

Re: Resigning while suspended from work

This is a complicated story so I will do my best to explain it in full :bounce:

I was suspended from work on the 8th February for breaches of the companies IT and email policy. I basically sent several emails to a col******/friend which they deemed as poor in taste as they were in relation to another col******.

During my suspension I have questioned why they read my emails and I have stated that the way I have been treated is unfair and unjustified by raising a grievance which at first they refused to uphold and on the 19th April I then appealed the grievance.

Since the 19th April I have heard nothing from the company and since I was suspended I realised that I would have to look for alternative employment.


Now here is the tricky part. Today I started a new role while still employed (Suspended) from my previous employers and I'm unsure how I should approach my old employers. I have had some advice from a employment law advisor and she has stated that I have a case for unfair dismissal if I was dismissed.

I'm unsure if I should just resign with immediate effect (any repurcussions?) and be thankful I have a new job or stay with the company and hope I get dismissed and push for unfair dismissal.

I know this may read as a very complicated situation but any advice is welcome.

Thank you.

Based on what you have said here, not much of an employment law advisor. You made unacceptable comments about a col****** at work to another col******, and the employer has a witness who has made the complaint and the emails in question. That would be potential gross misconduct in anyones book. You are paid to work, not discuss your opinion of people employed with you. Then you compounded this by, whilst suspended, taking another job whilst still in employment. Your employment advisor didn't happen to mention that was fraud did they? Also gross misconduct. Which if it isn't found out anyway, will be found out, because a tribunal requires you to submit a schedule of loss and you not only don't have any loss, but you would be found out as having been employed elsewhere whilst suspended.

To say nothing of what is likely to happen to your team leader if the employer finds out that they gave you a reference whilst suspended and under investigation, and failed to mention that small fact.

I would suggest that you don't push your luck - if your current - as in new - employer finds out what you have done, given you need two years employment for unfair dismissal now, you might find that you end up with two dismissals on your record, and that is going to be kind of hard to explain.

[Eloise01]

Re: Resigning while suspended from work

I'm asking cos the actions of your former team leader could lead to him being sacked from the company or facing disciplinary over the matter and might even lead to you losing the job you have gained based on deception in gaining that reference.
You can resign btw, but the firm can still proceed and sack you during the notice period which Eloise will confirm.

Absolutely. And inform the new employer of the facts too.

[Bobski27]

Re: Resigning while suspended from work

I'm asking cos the actions of your former team leader could lead to him being sacked from the company or facing disciplinary over the matter and might even lead to you losing the job you have gained based on deception in gaining that reference.
You can resign btw, but the firm can still proceed and sack you during the notice period which Eloise will confirm.

The team leader who provided the reference is leaving the company on Friday and is not too fussed if there is any repercussions due to the reference he gave me. The new company I work for are satisfied with the reference so I can't see why there would be any issues. I know I can resign but with my notice period set as a week can they reply to my grievance and still continue with the disciplinary in such a short time?

Thank you for your help by the way.

[leclerc]

Re: Resigning while suspended from work

The team leader who provided the reference is leaving the company on Friday and is not too fussed if there is any repercussions due to the reference he gave me. The new company I work for are satisfied with the reference so I can't see why there would be any issues. I know I can resign but with my notice period set as a week can they reply to my grievance and still continue with the disciplinary in such a short time?

Thank you for your help by the way.

I think your post crossed with Eloise so if you read what she has written, then that is where I am going on the questions.

[Bobski27]

Re: Resigning while suspended from work

Based on what you have said here, not much of an employment law advisor. You made unacceptable comments about a col****** at work to another col******, and the employer has a witness who has made the complaint and the emails in question. That would be potential gross misconduct in anyones book. You are paid to work, not discuss your opinion of people employed with you. Then you compounded this by, whilst suspended, taking another job whilst still in employment. Your employment advisor didn't happen to mention that was fraud did they? Also gross misconduct. Which if it isn't found out anyway, will be found out, because a tribunal requires you to submit a schedule of loss and you not only don't have any loss, but you would be found out as having been employed elsewhere whilst suspended.

To say nothing of what is likely to happen to your team leader if the employer finds out that they gave you a reference whilst suspended and under investigation, and failed to mention that small fact.

I would suggest that you don't push your luck - if your current - as in new - employer finds out what you have done, given you need two years employment for unfair dismissal now, you might find that you end up with two dismissals on your record, and that is going to be kind of hard to explain.

There is no witness and no one made a compliant. The emails were supposedly "Flagged up" and I have suggested that their "flagging up" system is unfair and doesn't apply to everyone in the company. I made this suggestion as I once saw an email between a director and a col****** claiming that I was a "serial non-worker".

Should I just simply say that I wish to resign with immediate effect to find alternative employment?

Thank you for the advice and help.

[Eloise01]

Re: Resigning while suspended from work

There is no witness and no one made a compliant. The emails were supposedly "Flagged up" and I have suggested that their "flagging up" system is unfair and doesn't apply to everyone in the company. I made this suggestion as I once saw an email between a director and a col****** claiming that I was a "serial non-worker".

Should I just simply say that I wish to resign with immediate effect to find alternative employment?

Thank you for the advice and help.

I think I made it clear - resign before the hole you dug gets any deeper. It doesn't matter whether the team leader is leaving anyway. And it doesn't matter how they got the e-mails - they have them.

[FlamingParrot]

Re: Resigning while suspended from work

One more sacking over emails! It's getting more and more common, I was probably one of the 'pioneers' nearly 10 years ago.

One comment I'd like to make is that deleting emails doesn't do much good, when I got suspended, I told my friend who worked for another bank all about it, and he went and deleted all his emails to me the day after, but IT restored them all from their backups! :typing:

Just for the record, there was nothing "in poor taste" in my emails, nor was I talking about fellow workers (as I can't use the "C" word :lol. But this being the financial sector, they accused us of exchanging information, which we didn't do, but it was enough for them to investigate him, and sack him, despite not even working for the same company as myself!

These days there really is no reason to use the company email system when you can use your smartphone or tablet anywhere, things were different at the turn of the millennium. :nerd:

…although I still didn't learn my lesson back then!