Suspended & resigned

[ChubbyMuggle]

Hi,

I wonder if anyone can help me. I was placed on suspension on 19th Sept due to an allegation of gross misconduct which I have denied. However I decided Id rather resign as even if I was successful I feel I could no longer go back to the company.

My notice period runs out on 6th, I havent received any invitation to a disciplinary meeting or any paperwork I actually havent heard anything from the company since 19th apart from confirming they received my resignation.

Can they now still process with disciplinary? Given our employment relationship has ended?

If not will they be able to state this in future references?

TIA

[ULA]

Do you mean 6 Oct for the end of your notice period? When did you resign and how long is your notice period for?

[ChubbyMuggle]

Yes sorry 6th Oct. I gave two weeks notice as thats all thats required by my contract, so if was the 23rd Sept

[ULA]

In my view if they were going to proceed with the disciplinary then they would have done so by now. By tomorrow you will be an ex-employee and there could not be any expectation from them that you would attend any meeting once you are no longer employed by them.

[Bobby23]

Hi Chubbymuggle

hope you dont mind me asking but how did you get on with you work issues. Im now going through the same thing and am in a bit of a mess at the moment and looking for any help or advice from anyone. Thanks Bob

[ULA]

Is there anything we can help you with Bobby23?

[Bobby23]

Hi Ula

there is so much advice needed at the moment. My life is a living nightmare and i dont know which way to turn.

basically my department leader suspended me last week alleging that im taken items from work for my personal use. I work in a dispensary and they are accusing me of taking medication.

she treated me as though im guilty immediately and the H/R woman was a bit more neutral. I was distressed and in a state of shock. I was suspended immediately and went home.

this week ive been sent a letter by registered post discussing the case and what happens now. Ive been so distraught as all these allegations are false and nothing to do with me.

apparently another head of another department will be reviewing the evidence in due course and will call me in for an investigatory meeting.

ive no idea where to turn or what to do. Can you help??

[Bobby23]

Hi Ula

sorry to keep replying but im in need of help and advice. Could you point me in the right direction if you have a minute. I am really struggling here and I havent got a clue what to do next. Thanks

[ULA]

What has happened is that you have been suspended pending an investigation into allegations which seem to be about taking medication for your personal use. 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 will be taken.

As part of the process it is normal for the person who has been suspended to be invited into an investigation meeting so that they 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 finds that there is not enough evidence to support the allegations and you can return to work or there is sufficient evidence for the company to consider some form of disciplinary action and you will then be asked to attend a disciplinary meeting.

I appreciate this is a really stressful time but there is nothing at the moment you can do except prepare for the investigation meeting that you should be asked to attend, given that you have the details of the allegation in the letter you were sent.

[Bobby23]

Hi Ula

thank you for your reply. Im considering speaking to an employment law solicitor. Do you think this would be a good idea? I dont have much money but feel i need professional help

[ULA]

Do you have an update from the company on the progress of the investigation?

[Bobby23]

No updates or information for over a week.

[ULA]

Then at the moment there is little an employment lawyer can do as there has been no outcome to the investigation.

Have you been in for your meeting yet? By what you have said in your thread is it about 2 weeks since you were suspended?

[ChubbyMuggle]

Hi Bobby,

Yes, I resigned and they havent processed with the investigation it would appear.

However they are adding this to any reference requests, which has obviously hindered my chances of gaining employment.

I hope you have a better outcome

[Bobby23]

Then at the moment there is little an employment lawyer can do as there has been no outcome to the investigation.

Have you been in for your meeting yet? By what you have said in your thread is it about 2 weeks since you were suspended?

Hi Ula i’ve only just had my investigation meeting date which is set for the 12/12/19. I’ve been going through hell trying to get things sorted in my head. Every 4 weeks i’ve had a generic letter from my department stating i’m still suspended. The person doing the investigation has also sent me a letter. To still be going through this is awful. i just want my life to get back to normal. Dragging this out so long has been so unfair. I really need some legal support with this. Do you know of a good employment law solicitor that I can seek advice from about all this? They’ve also just implemented a considerable change in our working hours and at no point was i contacted to ask my opinion in anyway which tells me they’ve already decided i’m “guilty” of this rubbish and have forgotten about me already. I just feel so frustrated and helpless.