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Thread: Resignation whilst suspended for investigation opinions

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  1. #1
    saguk1234's Avatar

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    Default Resignation whilst suspended for investigation opinions

    I urgently need advice on the following:

    My two colleagues and I (the complainants) submitted a collective grievance against our management in April 2017 for bullying and harassment towards us. The problems were mainly due to one manager and these problems started in July 2016.

    An external solicitor was appointed to investigate the grievance. This involved the solicitor interviewing all employees mentioned in the grievance and we were interviewed by him also. He then compiled a highly sensitive and confidential report regarding his findings and he “accidentally” sent it to one of my colleagues (complainant) who then sent it on to the other complainants.

    A few hours later the Director then emailed him asking him not to send it onto anyone. In the report the solicitor stated that we were being malicious in certain parts of the grievance.

    On the 4th August we were suspended by the Director due to the fact that the report was accidentally sent to us. The suspension letter stated that we were being investigated for a malicious grievance.

    On the 25 August we were emailed by HR stating that the employer would like to invite us on the 7th September for an investigation interview into gross misconduct because they have found the grievance to be malicious, that we gave false evidence in a grievance and we were bullying and harassing one of the main managers mentioned in the grievance. Basically the grievance was reversed onto us!

    The 7 September interview was cancelled and rearranged for the 20 September. The 20 September has been cancelled and rearranged for the 21.

    They have employed an eternal person to investigate this.

    The director of HR has given me the option of resigning with immediate effect and with a factual reference with 30 days’ pay in lieu of notice or I can face the outcome of the investigation. I feel that I have no option but to resign as I feel that the investigation will be carried out unfairly and because of the way I have been treated by my employer.

    Any opinions on this?
    Last edited by Kati; 11th September 2017 at 13:35:PM.

  2. #2
    Kati's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    to LB @saguk1234, I'll tag @Ula @mariefab for you xx
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  3. #3
    saguk1234's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    Thanks.

  4. #4
    Viking1985's Avatar

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    Thumbs down Re: Resignation whilst suspended for investigation opinions

    Quote Originally Posted by saguk1234 View Post
    I urgently need advice on the following:

    My two colleagues and I (the complainants) submitted a collective grievance against our management in April 2017.

    [external Solicitor ] then compiled a highly sensitive and confidential report regarding his findings and he “accidentally” sent it to one of my colleagues (complainant) who then sent it on to the other complainants.

    A few hours later the Director then emailed him asking him not to send it onto anyone. In the report the solicitor stated that we were being malicious in certain parts of the grievance.

    On the 4th August we were suspended by the Director due to the fact that the report was accidentally sent to us. The suspension letter stated that we were being investigated [for] gross misconduct because they have found the grievance to be malicious, that we gave false evidence

    Any opinions on this?
    My emboldening and truncation of post.

    Hi,

    Person Circulating CONFIDENTIAL report has not helped you. Did it NEED the Director to tell him/her not to do that? What does it look like??

    If you haven't worked 2 years ask for 2 months salary and a factual notice under a Settlement Agreement to ensure you GET the reference promised.

    Viking

  5. #5
    saguk1234's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    I have been there 12 years without issues. The report looks bad for us by the way the solicitor has written it. I think I have to stay and try and clear my name but I am worried that if I fail, I will have gross misconduct on my reference.
    Last edited by saguk1234; 11th September 2017 at 20:21:PM.

  6. #6
    jaguarsuk's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    Quote Originally Posted by saguk1234 View Post
    I have been there 12 years without issues. The report looks bad for us by the way the solicitor has written it. I think I have to stay and try and clear my name but I am worried that if I fail, I will have gross misconduct on my reference.
    Most companies do not state that you were even dismissed on references, in fact references are barely any use at all in recruiting someone. I'd say from the sound of things yours is a medium to large size company and will probably do the same. I think the "factual" reference thing is just to try to make you think you should resign.

    As you believe your grievance was correct and not malicious, if you choose to resign ensure you include in your letter that you view it a constructive dismissal. Keep all the evidence of the behaviour of the manager towards you and look at industrial tribunal.

    If you choose to fight on, most companies stick now to saying you worked for them between date x and y on a Fixed Term/Permanent basis as what ever you did in references. Be prepared for a lot of stress and pressure, these things are not nice and especially when your livelihood is on the line.
    My posts on this forum are offered based on my experience dealing with a variety of life events. I have no formal legal training and if in doubt take professional legal advice or contact the CAB. If you follow anything I write on this forum you do so at your own risk and I accept no liability for any loss, costs or other out comes.

  7. #7
    Ula's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    Since you have 12 years service then they will have to follow a fair process and you will have the right to appeal any outcome if not in your favour.

    If you decide that you do not want to stay and thereby take up the offer then please check your contract of employment as to what is the notice you are required to provide the company. If is more than 30 days then this is what they should be paying you. I would also argue that since the outcome of the investigation is at this point unknown (or should be if it is being conducted impartially!) then recognition of this should be given in any notice that the company pays you since you have an unblemished record for 12 years. You do also need to ensure that your reference is agreed with them in advance.

    Settlement Agreements are useful but most typically used when the employer gives a financial payment to the employee over and above the statutory requirements (it also provides for an agreed wording for any reference) and binds both parties to not taking any further legal action against the other. For you that would mean you would waive any rights to bring a claim covered by the agreement – for example, the right to make a claim to an employment tribunal or court.

    You have to make the decision as to how you feel about this and what you want to do. Once you have and if it is to stay then support will be here to guide you through any process the company may take.
    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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  8. #8
    Viking1985's Avatar

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    Default Re: Resignation whilst suspended for investigation opinions

    Quote Originally Posted by Ula View Post

    Settlement Agreements are useful but most typically used when the employer gives a financial payment to the employee over and above the statutory requirements (it also provides for an agreed wording for any reference) and binds both parties to not taking any further legal action against the other. For you that would mean you would waive any rights to bring a claim covered by the agreement .
    Hi,

    Imho seems a little "down" on settlement agreements. How will anyone be sure they will get a "fair" reference without a SA?

    Giving up up the right to fight is valid: do you WANT to fight?? Is this a matter of principle or do you want to "move on"??

    Before you decide look at the info on Settlement Agreements published by Acas (on their website) and maybe chat to your friends and family.

    Viking

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