Resigned after being told im under investigation

[Lucy223]

Hi there, if anyone can help me, i would really appreciate it. I have been working for my company for over 2 years and was told by a colleague on Thusday morning that i was been investigated for putting my children at an advantage of being offered a home by registering their interest for upcoming developments. This person went on to tell me that my line manager had discussed in length his concerns. She told me to keep my head down and it should blow over. I should add at this point that i have been under a serious amount of stress out of work, relationship problems and a death to a family member. My manager has known this and has done done nothing to make my work less stressful in fact i have just been given more work. Thursday afternoon my manager callex about something non related and said that I was being called for an investigation meeting on monday and that i would get a letter in the post friday. He told me it wasnt a disaplinary and couldnt discuss more but would be a meeting with area manager and hr. Already suffering from my mental health i felt this was the last straw and became very distressed to which i didnt want to be alive anymore. Two of my colleagues helped to calm me down and after speaking to the nhs mental health services, they felt it was important that i knew what i was being investigated for. They asked my manager and he said he couldnt tell me and that i should see a dr and take some pills to feel better. Late Thursday night i came to realise that if it werent for those two individuals i probably wouldnt be here today. So i resigned late Thursday night. Friday i called in sick following my dr advice. I called hr to find out what the investigation was about and was told that there was no investigation on my file and that someone would call me back. My manager called to say that the company was happy to pay me notice in leu so i dont have to work my notice and if i agreed they would drop the investigation. He also said i would need to agree this by Monday. I said i wanted to know what it was for but he still refused to tell me. I got an email later that day from my manager to say that the investigation will not be going ahead as i have resigned and the amount of stress it will cause. I have alot of support around me right now and they are all saying that i shouldnt agree to the notice in leui and that i have a right to know what the investigation was about. Is this right? Should i make a complaint? Sorry its so long, but appreciate anyone reading this

[echat11]

Hi LUCY223

Do try to stay calm. The brain runs riot and makes all sorts of connections which aren't logical, especially when we are stressed and emotional for one reason or another. You need to distract yourself with whatever you enjoy doing, baking, painting, knitting, pottery etc. Something that isn't taxing, but relaxing and creative. Take a step back. You clearly shouldn't be forced into making decisions.

ULA Can you please take a look and advise, many thanks.

[Lucy223]

Thank you Echat11 for your kind message, i will certainly try

[ULA]

Hi Lucy223 sorry to hear about your situation and the distress it has caused you.

I think you need to decide whether you do still want to continue with your resignation from the company, given the situation you have been put in and your health. Part of your considering this is the point on how easy it will be to find another job.

If you feel that your resignation was forced because of the sitiation, then I suggest that as soon as possible you contact the person to whom you sent in your resignation and clearly set out the fact that, you want to withdraw your resignation. You need to clearly use the words that you "handed in your resignation in the heat of the moment due to the situation you had been put in by your mananger and the stress it has caused given you are already suffereing from mental health issues and there was no communication being given to you about an investigation being carried out."

You need to use the words "heat of the moment" because If your notice has been validly given on Thurs evening then the normal position is that once given it cannot be withdrawn unless of course, your employer agrees to allow for it to be withdrawn. There is however the potential of an exception to this and that is resignations made in the "heat of the moment." Normally it would be the employer who would recognise a "heat of the moment" situation and recommend an employee goes away and reconsiders but given you resigned at the time of night you did they may not have recognised it as such.

Hope that this helps but come back to this thread if you have any other questions.

[Lucy223]

So I went back to them and the company have said no. In light of whats happened, would it be too late to raise a grievance? And would there be any point?

[echat11]

So I went back to them and the company have said no. In light of whats happened, would it be too late to raise a grievance? And would there be any point?

That's not great, again don't stress yourself, find distractions.

Yes you can, there is no guarantee that they will engage in the Grievance process as you have left, It depends what the company's 'mindset' is and any risks at any potential Tribunal, better to hear you out now, rather then at a Tribunal.

ULA Can you take a look and advise, many thanks.

[ULA]

When you say no I guess this will be about the withdrawal of your resignation.

In certain circumstances, employers should follow their grievance procedure to deal with a grievance raised by an ex-employee or in your case one who is on pay in lieu of notice to avoid the risk of additional compensation being awarded against them. The ACAS code does not expressly state that it applies to grievances raised by employees who have already left the organisation however, the legislation under which the code is issued, does apply to former employees. Therefore, it is arguable that employers should follow the code when they receive a grievance from an ex-employee.

[Lucy223]

Yes they wouldnt allow me to withdraw it, but thank you for the advice. I haven't agreed to the payment in leu as yet. Currently I have been signed off sick by the doctor

[Lucy223]

I have now had an update from my employer to advise that all of my it equipment has been suspended while im off sick. Is this mormal practice?