Resigned - breach of confidentiality over suspension

[Karen1983]

I was suspended from work on 16th may. I was accused of breaching confidentiality (I didn't). I was suspended pending an investigation. The investigation kept being put back over and over, during this time I was contacted by numerous colleagues both current & former who told me they knew about my suspension (area manager can't help but gossip to anyone & everyone!). I was then contacted by a few colleagues as the area manager had told them I'd left (this was before any investigation had begun). After 4 weeks with no investigation & because I was the subject of gossip I felt I had been put in a position where i'd never have been able to return to my position so I resigned! Where does this leave me, my reputation has been damaged. I resigned with immediate effect due to breach of trust & confidentiality. I had worked for my employer for almost 8 years. A grievance is already underway regarding my suspension but I haven't had the outcome yet (grievance meeting was on 31st may).

[charitynjw]

Re: Resigned - breach of confidentiality over suspension

Hi Kaen1983 & welcome to LB.

It would appear from what you have written that the firm is accusing you of the implied contract term of breaching Good Faith & Fidelity (though it could be some other breach; it is not clear from your post).
I take it they haven't accused you of gross misconduct?

You, on the other hand, are claiming that no such breach occurred, but as a result of the accusation, & the knock-on consequences, the firm have breached their implied duty of Trust & Confidence.
You have accepted that breach & subsequently felt you had no option but to resign. (Constructive dismissal)

Without knowing the details, it is obviously not possible to give an informed opinion.
However, details of the firm's Disciplinary procedure should be available to you, & it should reflect that of ACAS's Disciplinary & Grievance Code Of Practice (available on ACAS's website).

You have been employed by the firm for 8+ years, so you should have full statutory rights (ie the right not to be unfarly dismissed).

If you wish to go to Employment Tribunal, you will need to submit your claim within 3 months (less 1 day) from the cause of action.

You should also put in writing to the employer your decision to resign, the reason and that it is the only reason why you resigned (this to prevent the employer arguing that there may be other reasons involved).

They also have a duty not to unreasonably delay any investigation or grievance procedure; it may well be worth mentioning that as well in the letter/email.

[Karen1983]

Re: Resigned - breach of confidentiality over suspension

Thank you for your reply. It was just a standard template letter they sent me, gross misconduct wasn't mentioned, just the standard line that 'any subsequent disciplinary action may result in your dismissal'. In the letter they list: breach of confidentiality, breach of data protection, negligence etc. All of which I haven't done and if I had waited for the investigation then I'm confident I could have cleared my name & returned to the role (if it wasn't for the fact my suspension had become a subject of gossip!).

I will be looking to go to an employment tribunal I'm just awaiting the outcome of my grievance and then no doubt the appeal process, I'm worried they'll string it out as long as possible though.

I gave reasons in my resignation ie breach of confidentiality on their part & enforcing an unjustified suspension.

(If I'm honest I think the suspension was some kind of retaliation - my husband resigned from same company with a grievance & went to work for a competitor. 10 days afterwards I was suspended completely out of the blue with no explanation or reasoning behind it!)

[charitynjw]

Re: Resigned - breach of confidentiality over suspension

An ET claim can be concurrent with a Disciplinary/Grievance procedure.

Also, I believe that ET claims are automatically referred to ACAS (to see whether the matter can be resolved without recourse to the Tribunal).
This 'freezes' the claim until it is either resolved, or ACAS decides that no resolution is possible, & it will proceed to ET.

It would be a good idea to have a word with ACAS first.

http://etclaims.co.uk/ is also a good source of info for getting your ducks in a line.

[Openlaw15]

Re: Resigned - breach of confidentiality over suspension

I was suspended from work on 16th may. I was accused of breaching confidentiality (I didn't). I was suspended pending an investigation. The investigation kept being put back over and over, during this time I was contacted by numerous colleagues both current & former who told me they knew about my suspension (area manager can't help but gossip to anyone & everyone!). I was then contacted by a few colleagues as the area manager had told them I'd left (this was before any investigation had begun). After 4 weeks with no investigation & because I was the subject of gossip I felt I had been put in a position where i'd never have been able to return to my position so I resigned! Where does this leave me, my reputation has been damaged. I resigned with immediate effect due to breach of trust & confidentiality. I had worked for my employer for almost 8 years. A grievance is already underway regarding my suspension but I haven't had the outcome yet (grievance meeting was on 31st may).

Did you resign because you wanted a reference and no problems with your next employer? Was your resignation accepted? What do you want to do, claim constructive dismissal from a tribunal or something else?

[Karen1983]

Re: Resigned - breach of confidentiality over suspension

I resigned mainly because there was no way I could go back to my role after the area manager had been gossiping about it & telling people I'd left (even before any investigation started) as I'm the area managers PA!

I've been offered another job so I'm hoping HR provide a reasonable reference.

I'd be claiming constructive dismissal.

- - - Updated - - -

I presume my resignation was accepted, it's been a week and I haven't recieved a formal acknowledgement but I haven't been told it isn't being accepted either?