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Resignation whilst suspended for investigation opinions

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  • Resignation whilst suspended for investigation opinions

    Well last week someone started sending emails from our shared work inbox on outlook to numerous internal and external companies that we work with.
    These emails were basically swearing at them telling them theyre rubbish using offence language etc.
    Gross misconduct basically. Yesterday one got sent, but not from our shared inbox but from our bosses email.
    Our boss says its not in their sent box and they didn't send it and these emails have been sent using the signatures of work colleagues from our shared inbox or someone's specific personal email at work.
    Today I've been told that i'm suspended pending 'forensic analaysis' and investigation on the laptop at work which is my company laptop, which is a company laptop i must leave at work.
    I did not send these emails but it seems that the work seem I do and apparently i've been told its all been traced back to my laptop, which is locked and password protected so only could have been me, I really don't know how to be honest.
    I didn't say much when they told me as I was quite shocked to be honest- I didn't do it and didn't expect it..I just said I really don't know what to say as theres nothing i sent and I guess i need to speak to the union about this, well my work has no trade union and say i cannot take in friends/family to any meeting apparently and have to make my own representations apparently..as theyve given me a brief letter.. but they've made me hand my badge in..remove all my stuff from my desk (infront of other employees) etc and told me am suspended with pay.
    The main boss who spoke to me said 'i think they'll have a pretty quick turnaround' on the investigation.
    really can't be bothered with arguging it as am so upset tbh and i have a really bad family situation right now with alot of us having serious medical problems which the HR at my work are well aware of -(my mum has really bad insulin diabetes, my sister is undergoing medical treatment for her leg which is bent and i have kerataconus and back problems). I have been thinking to resign because even when the forensic analysis comes back that i didn't do anything..I know from the politics in this company..it is the sort to try and use something else against me or make something up and all of my colleagues after seeing me hand in my badge etc today will think am guilty regardless.
    If I do resign for personal reasons is it true what I have read online that my reference will state 'resigned during suspension pending further investigation' ? I've heard some people say if you have a colleague there who will give you a reference you will be ok, all of the other managers there will give me a ref as they know I did not do this, infact at the time one of the emails was apparently sent..I was doing my job sending another email at the same time! (I text this to the manager after the meeting, asking when I will get an opportunity to compare the emails sent on the work email veruses the times of these alleged emails..and had no response.)

    I could go back to my old job (have checked with a friend there and there is vacancies) and if not I can get a new job due to my qualifications..but i'd need to explain the gap if this ref will be bad..Any help would be appreciated
    Tags: None

  • #2
    Re: Resignation whilst suspended for investigation opinions

    How long have you been employed at the firm?

    Comment


    • #3
      Re: Resignation whilst suspended for investigation opinions

      Originally posted by Joanna C View Post
      How long have you been employed at the firm?
      Around 9 months why? I have kind of made up my mind to resign to be honest/ I rang ACAS today and they told me I can..

      Comment


      • #4
        Re: Resignation whilst suspended for investigation opinions

        Originally posted by manofprinciple View Post
        Around 9 months why? I have kind of made up my mind to resign to be honest/ I rang ACAS today and they told me I can..
        Be a man of principle, in that if you have done nothing wrong or there is no direct evidence against you that you sent those emails and you know you didn't send those emails, and wait for the outcome of the investigation. You should only resign if you know you have done something wrong. In criminal law lots of people plead guilty on the advice of their lawyer, only to find out later it was bad advice but too late to do anything about it. Only admit guilt and resign is what am saying, if you have done something wrong. Be objective, ie remain calm and focussed. Separate the problems at home, ie medical issues from your employment and career, is my advice. Alternatively, why resign when you don't know the result of the outcome, which will be awkward when it comes to getting another job, ie references. Right now all's they have is circumstantial evidence, ie there is no causation established.

        Comment


        • #5
          Re: Resignation whilst suspended for investigation opinions

          Originally posted by manofprinciple View Post
          Around 9 months why? I have kind of made up my mind to resign to be honest/ I rang ACAS today and they told me I can..
          If you had been employed longer than two years your negotiating position with the company would have been stronger.

          ACAS is correct you can resign but your question above related to the reference your employer could give you. If you resign while disciplinary proceedings are ongoing then they would be able to refer to that in any future reference. Whether they would or not is a different matter.

          I would suggest that you approach HR, advise them you are resigning for the personal issues and agree a form of wording they will use for any future reference. It will normally be a basic one which confirms date employment started, date you left , position held. They should agree as it saves them the time, costs (and potential risks) of the disciplinary process.

          It is good news that you have another job already lined up to go to and I wish you all the best.

          Comment


          • #6
            Re: Resignation whilst suspended for investigation opinions

            Being employed for less than two years means you have less protections with regards unfair dismissal if it's not due to any of the protected characteristics ( eg sex, race, disability )

            I was just thinking, this could quite easily be a bot - it depends what those emails say - if they are specific about the company ( bots can send stupid emails from any address to any address and lift all the contacts out of your contact list) or just general diatribe
            These emails were basically swearing at them telling them theyre rubbish using offence language etc.
            They don't show up in the sent items boxes, as they aren't actually sent from the email account.

            I got this a couple days ago( for example)

            From: reception5626@legalbeagles.info
            Sent: 04 July 2016 11:33:38
            To: admin@legalbeagles.info

            There's no reception5626 email account.

            But I've also had ones sent as if from 'admin@legalbeagles.info' to people in my contacts list ( I'll try find one later - I had no idea till people started reporting them to me)

            (sorry crossed posts with Joanna while I was trying to find that email )
            #staysafestayhome

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            Comment


            • #7
              Re: Resignation whilst suspended for investigation opinions

              Originally posted by Joanna C View Post
              If you had been employed longer than two years your negotiating position with the company would have been stronger.

              ACAS is correct you can resign but your question above related to the reference your employer could give you. If you resign while disciplinary proceedings are ongoing then they would be able to refer to that in any future reference. Whether they would or not is a different matter.

              I would suggest that you approach HR, advise them you are resigning for the personal issues and agree a form of wording they will use for any future reference. It will normally be a basic one which confirms date employment started, date you left , position held. They should agree as it saves them the time, costs (and potential risks) of the disciplinary process.

              It is good news that you have another job already lined up to go to and I wish you all the best.
              The 2 year rule only applies to take action against an employer at court or tribunal. However, if the employer discriminates or terminates employment where the matter has been unfairly investigated (the law is proportionate investigation requirement), when there was no causation established, then the 2 year rule may not apply. This will be constructive dismissal ie the employee is forced to leave owing to any prejudices against their person or harm to their career. 9 months is a significant amount of time in any employment as any probationary periods are not at issue, ie it shows the employee is competent/ good at their job. By law you're entitled to a reference but will be limited to time started and when finished employ. I would consider suing the employer for constructive dismissal if you decide to resign, in my view I wouldn't resign in your position unless you want a fresh start with a new employer albeit you'll still be marred by this incident.

              Comment


              • #8
                Re: Resignation whilst suspended for investigation opinions

                Originally posted by Openlaw15 View Post
                The 2 year rule only applies to take action against an employer at court or tribunal. However, if the employer discriminates or terminates employment where the matter has been unfairly investigated (the law is proportionate investigation requirement), when there was no causation established, then the 2 year rule may not apply. This will be constructive dismissal ie the employee is forced to leave owing to any prejudices against their person or harm to their career. 9 months is a significant amount of time in any employment as any probationary periods are not at issue, ie it shows the employee is competent/ good at their job. By law you're entitled to a reference but will be limited to time started and when finished employ. I would consider suing the employer for constructive dismissal if you decide to resign, in my view I wouldn't resign in your position unless you want a fresh start with a new employer albeit you'll still be marred by this incident.

                Hi guys and girls thanks for all your help and advice it is appreciated.
                Well it's been 7 days now and I am still suspended pending 'investigation.' I have not heard one thing from the company. i have no idea if thats a bad or a good thing considering the manager said they're hoping to have a 'quick turnaround on the matter.'

                i have not done the allegation at all, but its more the way the company has treated me that makes me want to leave!
                When I started the company, the HR offered me two shifts, one nights one days..i took the days one. When i started all everyone kept saying to me was hi night guy..your the new night guy. So I approached the division manager and told her the situation and she pretty much asked me for evidence, which I had in the form of emails. I eventually was moved onto my shift pattern. After this i've been blamed numerous times for mistakes i haven't made, but i have kept a list of the time and date of these for my own records as it was occassions when I asked the management what to do with certain parts of the job, they told me do x thing, when I had done that i was then told it was wrong. When I confronted x manager he's denied telling me that. Frustrating tbh!

                My old job is still awaiting if they will re-hire me so nothing next lined up, as I was unaware they have a no rehire policy so I need to see really whats going on as my friend is speaking to his manager there whos the department boss for me, and take it from there but in the meanwhile i've been applying for other jobs tbh.

                I am a man of principle but right now not a man of time and considering the above+ this treatment+ the fact the job is 1 hour away everyday for me, I only grow older and my mum has less time left I am considering my reasons for that above. i have drafted a resignation letter with my reasons for leaving on it tbh but not sent it yet.

                Comment


                • #9
                  Re: Resignation whilst suspended for investigation opinions

                  Originally posted by manofprinciple View Post
                  Hi guys and girls thanks for all your help and advice it is appreciated.
                  Well it's been 7 days now and I am still suspended pending 'investigation.' I have not heard one thing from the company. i have no idea if thats a bad or a good thing considering the manager said they're hoping to have a 'quick turnaround on the matter.'

                  i have not done the allegation at all, but its more the way the company has treated me that makes me want to leave!
                  When I started the company, the HR offered me two shifts, one nights one days..i took the days one. When i started all everyone kept saying to me was hi night guy..your the new night guy. So I approached the division manager and told her the situation and she pretty much asked me for evidence, which I had in the form of emails. I eventually was moved onto my shift pattern. After this i've been blamed numerous times for mistakes i haven't made, but i have kept a list of the time and date of these for my own records as it was occassions when I asked the management what to do with certain parts of the job, they told me do x thing, when I had done that i was then told it was wrong. When I confronted x manager he's denied telling me that. Frustrating tbh!

                  My old job is still awaiting if they will re-hire me so nothing next lined up, as I was unaware they have a no rehire policy so I need to see really whats going on as my friend is speaking to his manager there whos the department boss for me, and take it from there but in the meanwhile i've been applying for other jobs tbh.

                  I am a man of principle but right now not a man of time and considering the above+ this treatment+ the fact the job is 1 hour away everyday for me, I only grow older and my mum has less time left I am considering my reasons for that above. i have drafted a resignation letter with my reasons for leaving on it tbh but not sent it yet.

                  Hmm I wanted someone's opinion on another angle in correlation to the above.
                  Before I had this suspension put on me, I went for a internal job. I was told I could go for it by my manager and he would support my application. Today i have recieved an email from the internal HR saying the 'Hiring manager' who is my current manager has rejected my application. Is that not discriminatory because they are also the person leading this suspension? They said I wasn't a 'right fit' and it was the hiring managers decision but I am left wondering if this is true.

                  Comment


                  • #10
                    Re: Resignation whilst suspended for investigation opinions

                    Discrimination is connected to protected characteristics (ie age, race, religion, sex, disability etc.), & direct, indirect, associative.

                    While you can employ the word in a more general sense, as it is more often than not used in conjunction with the Equality Act, it may be better to choose a different one in order to avoid confusion
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Resignation whilst suspended for investigation opinions

                      Hi everyone I desperately need your help!

                      I decided because of my mental well being to not go ahead with the meeting and the fact I've found out my mums condition has got worse and I did what others adviced on here and rang the HR and had a discussion with them about the situation as they had invited me on Wednesday to a meeting.
                      I explained everything that because of family illness I wasn't happy and in the right mindframe and also that I was not happy with the way the suspended was conducted I was told to hand property back in in front of other staff which i feel was a breach of my data confidentality.
                      The HR woman told me she thought it'd be best if I came to a meeting and it was a 'fact finding meeting' but if I want to resign I had to give the employer the relevant notice (1 week.) I asked her what my reference would be and she said
                      I told her I would think about it and she said she'd place the meeting anyway.
                      I emailed her today and told her I would not be attending and resigned and gave my reasons for this.
                      I have callrecorder'd the app so I have a copy of everything said to during our telephone call.
                      I've now been told this-


                      'you remain suspended during your notice period pending an investigation into the allegations made against you in a letter dated 19 July 2016. Until the Termination Date you are still obliged to comply with all terms of the suspension as set out in the letter from us to you dated 4 July 2016, and are required to cooperate with the investigation into allegations against you set out in the letter dated 19 July 2016.


                      I note that you failed to attend the investigation meeting arranged for 4pm today. If you choose not to participate in the investigation, we will be forced to conclude it and make findings on the basis of the evidence available to us.'

                      This basically means they're going to do the meeting some other time right and terminate me? I don't understand why they are being so sneaky and 2 faced about this whole situation when they could just let me resign as I've explained my reasons..is this legal?
                      I tried to call the HR woman today at 16:30 (between the time the meeting was set for) and she never answered!

                      Technically next wednesday my notice period should end. What is the best thing for me to do?
                      Last edited by manofprinciple; 20th July 2016, 22:17:PM.

                      Comment


                      • #12
                        Re: Resignation whilst suspended for investigation opinions

                        Hi manofprinciple.

                        It would seem (as you mentioned in your first post) that the employer is considering a gross misconduct issue.

                        It is important that you should understand the 'reasonable' test.

                        The employer does not have to prove conclusively whether you are innocent or guilty; they have to show that, given the circumstances, it is reasonable for the employer to dismiss.
                        To do so, they have to show that they have a genuine cause for concern, they hold that belief on genuine grounds & they have carried out a proper & adequate investigation.
                        (British Home Stores v Burchell 1978).
                        Innocence or guilt is irrelevant if the investigations and conclusion are reasonable.
                        (Post Office v Foley; HSBC Bank plc v Madden (2000)
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment

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