Resignation before suspension - request settlement agreement

[987654321]

Hi All,

I have posted previously in the welcome forum http://legalbeagles.info/forums/show...-investigation
but wanted to post here as well.

In summary I resigned from my role on the 16th June and was suspended pending an investigation into alleged gross misconduct on the 27th June. My resignation was in no way connected to the suspension issue and I am now very keen to leave the company.

It has been suggested that I email my employer requesting a settlement agreement so that I can leave before my agreed last day when I resigned (1st September). This would avoid the need for a prolonged and painful investigation and potential disciplinary process as I am already leaving the company.

What are people's thoughts on this? Mainly, is this something that you would advise I do and what are the possible implications of this if the employer rejects the request and pushed in with the process anyway?

All thoughts and observations appreciated.

K

[987654321]

Re: Resignation before suspension - request settlement agreement

Any help with this issue would be appreciated.

Thanks.

[ULA]

Re: Resignation before suspension - request settlement agreement

Firstly can I just ask how much notice do you contractually have to give? Is there an update on the status of the investigation?

[987654321]

Re: Resignation before suspension - request settlement agreement

Hi Ula,

Thanks for your reply.

Contractually I have to give 13 weeks notice but I assume that the company accepted my leave date of the 1st September as they have now advertised my role.

In terms of an update I attended an investigation meeting last Tuesday (4th July) and put across my views and am waiting for the results of the investigation.

I sent a letter on the 30th June requesting the company's agreement to me leaving with immediate effect incurring no additional pay but have not received a response to this.

Thanks.

[ULA]

Re: Resignation before suspension - request settlement agreement

I have caught up with your previous thread and see a lot of my questions and concerns have been dealt with. I think the reason they have not responded to your communication of 30 June is that they are waiting to conclude their investigation. Since it is nearly a week since you say them I would hope that they would get back to you soon with an update/decision on the investigation.

Do you know whether your new employer has requested a reference from your current employer?

[987654321]

Re: Resignation before suspension - request settlement agreement

Hi Ula,

I chased up my proposal with my employer yesterday and got a reply this time stating that I should get a response by the end of the week. I think you're right that they are waiting to conclude the investigation but this doesn't help me sitting at home worrying about things and getting more stressed!

Ultimately I don't want this to affect my new role...I don't believe that any references have been requested as my new employer hasn't asked me for any contact details which appears a bit strange as I have signed a contract with them.

[ULA]

Re: Resignation before suspension - request settlement agreement

I think you will have to see what they come back with at the end of the week - I appreciate that this is worrying for you.

Was the offer/contract subject to satisfactory references being received?

[987654321]

Re: Resignation before suspension - request settlement agreement

Thanks again for your reply Ula.

Yes, the offer was subject to references however I'm hoping that I will be able to provide the details of the people to contact for references?

This is concerning me as the new employer hasn't asked for any references yet. Is it normal for employers to wait until your first day to ask for references? I would have thought that this is something that should have been done during the recruitment process and at least before I was offered the role?

Thanks.

[ULA]

Re: Resignation before suspension - request settlement agreement

Some companies may take a verbal reference for expediency before making an offer, many do not and in which case it may be that the offer has been made "subject to satisfactory references" - check this in the documentation you have had from your new employer.

[987654321]

Re: Resignation before suspension - request settlement agreement

You're correct that the offer has been made subject to satisfactory references but I haven't been asked to provide any references yet.

There has been a high turnover of staff recently so I have a number of people I can provide as references which I presume they will request from me at some point soon or would they as a matter of course just request the reference from the HR team?

Thanks.

[ULA]

Re: Resignation before suspension - request settlement agreement

Two options they will get in touch before you start and ask for referee details or they will leave it until you start.

Normally you are asked for two referees of which one must be your last employer. If you have a named person they can write to then provide their details (although that person may still get HR to complete it depends on any policy the company has about who can provide a reference) if not then it will go the to HR department.