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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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I have been suspended from work for an incorrect reference

Resolved Question:

I have been suspended from work for an incorrect reference sent out by a colleague from my computer whilst I was off sick. The salary was incorrect and had been inflated by approx 4K. On my return I received an email stating that the reference had not been received. I spoke to my colleague who originally sent the reference; she forwarded it to me and I resent to the requesting organisation. The organisation I work for are investigating but the employee who originally completed the reference and sent it with my name as a colleague has left. Can I be dismissed for gross misconduct? IThanks

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

5 years and 9 months.

taratill :

If the employer carried a full invesigation out and asked your ex colleague what happened would they realise that you had not done this?

Customer:

Yes; however I did resend the information to the organisation that she had previously sent but said they did not receive.

taratill :

So you did send incorrect information?

Customer:

I forwarded the reference which she had already sent. The CEO of the organisation also knew that this information had been sent by her in my absence; why was this not brought up then; why leave it until she left. My colleague only finished with the company on 7th Nov. I did not write the reference only forwarded it on.

taratill :

when did this happen and why do the company say this amounts to gross misconduct?

Customer:

It was only brought to my attention this morning. I was called in by the CEO who wished to discuss my colleagues reference. She advised me that it was sent on 23 Oct when I was off sick. My colleague had access to my computer when admin were changing my out of office. I was not informed that this is gross misconduct but I was suspended today on full pay until the matter is investigated. I asked what this means but the CEO said she didn't know??

taratill :

Ok I think it is unlikely that they could fairly dismiss you for this. Especially given the explanation that you have. In order to do so they would have to show that you have committed an act of gross misonduct and that after a fair investigation it was reasonable to terminate your employment for this reason. IYour employer should explore your version of events and if they find them to be likely to be true it would be unfair to dismiss you.

taratill :

If you are dismissed you should appeal and raise a claim of unfair dismissal.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Even though I forwarded the reference with an incorrect salary?

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