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Giving notice before investigation

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  • Giving notice before investigation

    Need advice regarding terminating contract before investigation meeting.

    I have been working for a company as a counsellor for nearly 4 years now (no issues). A month ago I suffered a string of unfortunate events including a miscarriage, an infection in my finger and news that a close relative was diagnosed with cancer.
    This resulted in me being off work for 3 weeks (I work 2 days a week) & in order to receive stat sick pay I was asked to provide a doctor's note to cover me for the time period above.
    My surgery has awful customer service and failed to offer me an appointment, let alone present me a sick note in time which made me worry about my finances due to being a single parent.
    Stupidly, a close friend of mine who I confided in edited one for her sick notes for me (from same surgery) that I mailed on.
    I was transparent about the reason I was off work (mainly due to miscarriage) & communicated with my employers for wellness check ins etc during this time too.
    Today I get an email inviting me to an "investigation meeting" regarding a potentially fraudulent sick note so as you can imagine, I am now panicking. The meeting will be held with someone I do not really get along with and another member of staff who I have never even met before, so I do not feel comfortable attending anyway.
    Secondly, after experiencing what I have done over the past month, I feel extremely fragile and vulnerable with my emotional/mental health being in poor condition.
    Out of preservation of my own wellbeing I have ceased employment with the service immediately stating that I do not wish to put myself through any further stress etc relating to the above.
    I have also stated my understanding that as I have ceased employment immediately and without notice, I am aware that I will not be entitled to any pay I may have been. I've confirmed that at present, my mental/emotional health however is more important than any financial factors.
    In all honesty, I was going to hand my notice in anyway due to job dissatisfaction, however due to the circumstances I am now left feeling stupid, vulnerable and scared.

    Any advice or comments etc welcome please..
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    Tags: None

  • #2
    Are you getting the mental heath support you yourself need? I'm sure you know how important that is for you.

    Can you clarify the contract you had with the company. Were you an employee under a Contract of Employment with "the service"?

    When you say "I have ceased employment with the service" do you mean you gave them a formal letter of resignation?

    ULA is best able to advise but my understanding is that if you are an employee the company is not obliged to accept your letter of resignation without the notice period specified in your contract and are entitled to continue with an investigation and a disciplinary hearing during the period of contractual notice you should have given. I would expect you to be invited to them as still being an employee.

    You can ask your GP for a Fit Note confirming you are not well enough to attend the investigation and disciplinary meetings but the procedures in all the companies where I have been a manager is that if you are unable to attend because of illness for any length of time the hearings are likely go ahead anyway in your absence. Your employer will not put the process on hold indefinitely. At my last employer we would have offered you the opportunity to have your case put in your absence by Union or other workplace representative, and/or for your written statements to be taken into account.

    The fact that you "do not really get along with" one of the investigators and that another is a "member of staff who I have never even met before" is not relevant unless you can show that the investigators have actual conflicts of interest or are biased against you, or will not act impartially. For that reason it is usual to have at least one independent person involved who does not know you.

    I wouldn't want to predict the outcome of any disciplinary hearing but as you say yourself that you knowingly submitted a fake Fit Note it wouldn't be any surprise to me if they decided to dismiss you for Gross Misconduct.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      anon134 I just want to reiterate what PallasAthena has said about ensuring you are accessing support for yourself via your GP which is really important.

      If you are an employee then the information provided by PallasAthena is correct.

      I will just add though that you would be entitled to any pay/salary owed up to the date of your resignation together with any accrued but untaken holiday to that date.


      I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

      I do my best to provide good practical advice, however I do so without liability.
      If you have any doubts then do please seek professional legal advice.


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      Comment


      • #4
        I am so sorry for you loss. I just wanted to add that if you were 24 or more weeks along you are entitled to statutory maternity leave.

        Comment


        • #5
          I am so sorry for you loss. I just wanted to add that if you were 24 or more weeks along you are entitled to statutory maternity leave.

          Comment

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