Resignation before suspension pending investigation

[987654321]

Hi All,

A slightly different issue that I would appreciate some guidance on.

I formally resigned on 16th June and after a conversation with my line manager I agreed that I would leave my current employment at the end of August.

Today (27th June) I have been surprisingly suspended pending an investigation into gross misconduct, a claim I vehemently dispute. I won't go into the details but obviously this means that I now do not want to go back to work for this employer before my leave date.

My resignation was in no way linked to the reason that I am now suspended, I actually wanted to progress my career!

As this seems quite an unusual situation in terms of my resignation coming before being suspended does anyone have any guidance / views about what I can do to cease my employment early?

Thanks in anticipation of your help.

K

[Kati]

Re: Resignation before suspension pending investigation

[MENTION=51026]Ula[/MENTION] [MENTION=26290]mariefab[/MENTION] ... can you help??

[mariefab]

Re: Resignation before suspension pending investigation

How long have you worked there?
What is the notice period required by your contract?

[987654321]

Re: Resignation before suspension pending investigation

Hi Kati and Marie,

Thanks for for your messages.

I have been in my current role for 6 years and my notice period is 13 weeks. I had already agreed a reduced term before I submitted my resignation letter.

K

[mariefab]

Re: Resignation before suspension pending investigation

So, not the easy answer.

OK, how ridiculous is the gross misconduct accusation?
Does the thing you're accused of actually rise to the seriousness level of gross misconduct? i.e. a sacking offence or is it something that's happened before with lower or no consequences.
Is it for something that you couldn't physically have done? i.e. You weren't there, it isn't part of your role etc.
What, if any, evidence do/could they have that you did it?

[987654321]

Re: Resignation before suspension pending investigation

Yes, unfortunately not an easy answer!

Like all things the issue is not entirely black and white. I definitely dispute what I am being accused of but there is potential that I have been naive in the treatment of some finance based processes. There are a multitude of mitigating circumstances surrounding the whole investigation that I will be bringing up when I get notification of the meeting date.

After speaking with Citizens Advice and ACAS today it appears from their point of view that I have committed to my last date of employment being 1st September and this will remain the case unless I am dismissed before this date due to the investigation going to disciplinary proceedings and me being found guilty of gross misconduct.

Would this be your view as well or is there anything that I can do to cease my employment earlier?

if they want me gone I am happy for this to happen earlier as my new employer is keen for me to start with them ASAP but I do not want to be tarred with a dismissal from my current role.

I really appreciate your help with this.

K

[mariefab]

Re: Resignation before suspension pending investigation

If you think that part of their reasons for doing this is that they just want you gone, maybe a phone call asking to bring forward your last day of employment would do the trick.
Perhaps because the stress of having this hanging over you is having an adverse effect on your health?

[987654321]

Re: Resignation before suspension pending investigation

Thanks Marie.

I have been speaking to a legal guy today who specialises in employment law and he has also suggested contacting the company (through a formal email) requesting an early settlement so as not to prolong this process.

Do you (or anyone else) have any examples of what to write in this email as I want to keep it concise and to the point at the same as maintaining my innocence of the allegation against me.

Thanks again.

K