Resigned and disapinacy

[efpom]

So, from your writing, the facts are as follows:
You resigned on 1^st June.
Your last day of employment is 25^th June
On 14^th June your employer stated it would commence an investigation into an allegation of forgery, said to have been made by you in May 2018.
It offered to abandon that investigation, provided you left immediately, without receiving any pay. Or in the alternative that you be suspended on full pay until that investigation completes.
You elected the latter.
The employer then told you that the earliest it could complete it’s investigation and would hold a disciplinary hearing is in early July i.e. after you ceased to be it’s employee.

Are those facts correct?

[Bowker1981]

Yes that's correct

[efpom]

This is my opinion:

Firstly, and in agreement with others, you have no obligation whatsoever to attend any disciplinary hearing, if that is held after you have ceased to be an employee. Further, you are under no obligation to assist with any investigation-you have denied the bald assertion of forgery.

It seems to me, that your employer in making the offer to you, to either leave immediately without pay, or in the alternative, to be suspended on full pay, whilst the investigation was carried out, is a proposal tainted by dishonesty. My reason for that is that no honest employer, intent on getting to the bottom of whether or not a forgery had occurred, would make such an offer. An honest employer, would certainly suspend you whilst the investigation occurred, but would not offer to forget about it if you left immediately without pay.

I also find it simply not credible, that this alleged forgery has only come to light, more than a year later-that allegation, even if true, is very stale, and taken together with his offer to forget about it if you left without pay, calls into question the proper superintendence of the care home by the employer.

You are free to take up any employment after your notice period expires. You are entitled to full payment until then, by your soon-to-be ex-employer and should that entity be foolish enough to make things difficult with a future employer, you can simply bite back, using my previous paragraph as your weapon-a weapon that if properly deployed could well result in your former employer’s licence to operate a care home being put under scrutiny.

[Bowker1981]

Thanks for this information

[efpom]

You may wish to write to your employer to ensure there is a contemporaneous written record of what has gone on here.

My reason for making that suggestion, is that I would not be surprised if your employer refuses to pay your wages, in any event. (I would also not be surprised to discover that he has found someone to replace you, which may explain his offer to you to leave immediately with no wages.)


Something along the following lines might meet the need:

I served notice on you on 1^st June that I would leave your employment on 26^th June 2019 - that remains my intention.

On 14^th June you stated you would commence an investigation into an assertion of forgery, which same is said to have been done by me in May 2018. I denied that assertion of forgery immediately it was put to me, and I continue to do so.

You then offered to abandon that investigation, provided I left immediately, without receiving any pay, or in the alternative that I be suspended on full pay until that investigation completes.

I elected the latter.

You then told me that the earliest you could complete your investigation would be in early July and that you would hold a disciplinary hearing after that investigation completed.

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