advised to resign can emplyer still investigate me

[tobyjug]

Please can someone help i went in to work to be told by my line manager that things were not looking good for me and as a friendly word of advise she told me to resign before any investigation was started to save me from being dragged through the mud and so that it did not show on my employment history. I took the advise and handed in my resignation in writting there and then.
i have since been told that they are investigating me and that no one from my place of work is to talk to me or contact me. When I did get my pay my notice period was not paid only my monthly pay. Please can someone let me know if the investigation can still go on and am I liable to any findings or have to attend meetings as I have now started a new job. I have yet to get a letter from them about anything and wondred where I stood legally please. Thank you for any help

[ULA]

Re: advised to resign can emplyer still investigate me

Have you in fact now left that company or are you working your notice? How long have you been employed by the company?

[tobyjug]

Re: advised to resign can emplyer still investigate me

I have left been with them just under 12 months been left around 2 weeks now

[ULA]

Re: advised to resign can emplyer still investigate me

As far as I understand once your employment has formally terminated you will not be subject to the employer’s disciplinary policy. They may wish to conduct an investigation for their own internal purposes but I cannot see how you would be required to attend any meetings. My only word of caution would be whether the investigation was concerning matters of theft or fraud which may be a different situation.

[tobyjug]

Re: advised to resign can emplyer still investigate me

The problem is to do with money but the paper work side of it no one has ever mentioned theft or fraud

[ULA]

Re: advised to resign can emplyer still investigate me

So did you actually work your notice? If not did you just resign and leave immediately or did your employer say that you did not need to work your notice?

On the allegations then I think that what I said about once your employment was formally terminated you will not be subject to the employer’s disciplinary policy and you should not need to attend any meeting should hopefully be the case.

[tobyjug]

Re: advised to resign can emplyer still investigate me

Am I only technically not employed by them once my 4 week notice period is up or am I technically not employed by them from the day I handd in my resignation

[ULA]

Re: advised to resign can emplyer still investigate me

So did you actually work your notice? If not did you just resign and leave immediately or did your employer say that you did not need to work your notice?

[tobyjug]

Re: advised to resign can emplyer still investigate me

Never worked my notice I left as soon as I handed in my notice and not been back since. The company has not contacted me or sent me any letters but I wanted to make sure

[ULA]

Re: advised to resign can emplyer still investigate me

If you handed in your notice and left straight away then technically you are in breach of contract and the employer has the right to either sue for damages in a civil court (i.e. for the cost of cover or the value of lost business), or to withhold payment for the period of notice which you would have otherwise worked. It seems that in this case they have done the latter.

You should ensure that as a minimum you have been paid up until the day you left the company and have been paid any accrued but untaken holiday pay. If this has not happened then you need to write to them requesting these outstanding payments are made. You may want to mention notice period payment but I would suspect they may not be open to paying this.

[tobyjug]

Re: advised to resign can emplyer still investigate me

My line manager told me I had to leave and that I was unable to return to my desk and walked me out of the building to my car I did not have a choice to return and work my notice

[ULA]

Re: advised to resign can emplyer still investigate me

There are two sides to this then. Firstly if you we told to leave then you could not work your notice and if there was a pay in lieu of notice clause in your contract then the company should pay you for the notice period. However if they had a serious issue with you it could have meant that the outcome of any investigation and subsequent disciplinary may have led to your dismissal on the grounds of gross misconduct typically meaning you may not have been entitled to any notice depending on the company's policy.

You left them two weeks ago and you are in a new job. As I see it you have a few of options either 1) contact them in writing to querying why your pay did not have any payment in lieu of your notice period as you were asked to leave and could not work it and see what their response 2) just draw a line under and concentrate on your new job 3) do 1, see what response you get and then depending on what it is do 2.

[tobyjug]

Re: advised to resign can emplyer still investigate me

Thank you. I am just worried about any investigation however I have emailed head office about my pay and had no reply from them