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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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In my last job I was suspended week, and this was

Resolved Question:

Hi In my last job I was suspended for 1 week, and this was not due to anything to do with my work. I was re-enstated and there was no disciplinary or investigation. I decided to give my notice as I did not think it was fair that they suspended me in the first place. I asked HR at the time what I should write in respect to this suspension. They said that I need not put anything as I had not done anything wrong. I still have the email that they sent saying this. They said that they would not write this in any reference either. I have received references since then from this company and they all have been good. However I asked for one recently and it has gone to HR to write rather than my past manager. They are taking their time in writing it and this has got me worried. Apparently they are saying that the HR manager has walked out and they are still waiting for HR to write it. It has left me feeling worried that they are considering changing their mind? Can they do this.
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.

taratill :

Did you have anything in writing to say that they would not refer to this in a reference?

Customer: Thank you .. did you understand my question?
Customer: I can't seem to find your answer?
taratill :

Hi I haven't answered it yet I was just asking a follow on question so I have all the information I need. Did you have anything in writing from them to say that the suspension would not be referred to in a reference?

Customer: Yes I have an email from HR that explicitly states this.
taratill :

In that case I think it is very unlikely that they will do so. If they do and you are unsuccesful in obtaining the job then you could potentially claim in breach of contract that they have gone against their agreement with you not to refer to it.

Customer:

Does the email from HR count as a contract? Even if the HR manager changes? I am worried they will say that the previous HR manager got it wrong and as he no longer works for them they have changed their mind?

taratill :

It is an agreement with you, they should not rescind that agreement.

Customer:


From: Alastair Pratt
Sent: 20 May 2014 12:00
To: ***** *****
Subject: RE: Suspended from work




Hi Serica

Your suspension was not anything to do with any disciplinary action or investigation into your actions as a social worker so in my opinion you do not need to mention this period away from work

If you need to chat please give me a call

Regards




From: Serica Taylor
Sent: 20 May 2014 11:58
To: ***** *****
Subject: Suspended from work




Hi Alastair,

What is Orange Grove’s protocol in regards ***** ***** suspension and passing the information on to other agencies. I have agency’s asking in their forms have I ever been suspended from work?

If they write to you what do you inform them?


Customer:

Hi this was the email that I sent the HR manager and his response?

Customer:

Do you think that it is clear that this is a contract?

Customer:

They have written several emails since then and none of them has mentioned it. I am worried about this one as it went to HR for them to write rather than the manager. The manager wrote a reference for me on the same day, and I had not problems with that one at all. But for some reason this one went to HR over a week ago and they have not written it yet?

Customer:

I mean they have sent several references since May 2014. With no problem.

taratill :

Hi it does not say they will not mention it though, just that you don't need to.

Customer:

I have other emails that say they will not mention it .. I will try and cut and paste them for you as well.

taratill :

I really think it is probably as they have stated that the HR manager is not there and you are worrying about nothing.

Customer:

Hi Serica

Fine with me

I will confirm with Kevin that you have made no claims and get a letter sent to you

Regards




From:*****@******.*** [mailto:*****@******.***]
Sent: 29 May 2014 09:18
To: ***** *****
Subject: RE: suspension from work






Hi Alastair,




Thank you, I will put that I have not been suspended on paper work for agencies etc. So if we can be consistent about that in any correspondence sent to Orange Grove in regards ***** *****






Also when could I receive a letter (on headed note paper) stating that I had sole use of a company vehicle for a period from and to ... and did not make any claim on the fleet of vehicles for that period of time. Is it a letter Kevin usually writes .. I vaguely remember before Elizabeth showing me her letter before she left? I will need the letter for insurance company when I get my car in a short while.






Thank you for all of your help






Serica






Sent from Windows Mail






From: Alastair Pratt
Sent: ‎29‎ ‎May‎ ‎2014 ‎09‎:‎00
To: Serica
Subject: RE: suspension from work





Hi Serica

As far as I am concerned the suspension was a purely procedural thing that the company felt it needed to be seen to be doing and as I have said it in no way implied you had failed in your role

Regards

-----Original Message-----
From: Serica [mailto:*****@******.***]
Sent: 28 May 2014 21:06
To: ***** *****
Subject: suspension from work

Hi Alastair,
I've just realised that I was not clear with the email about my suspension.
I put that I would prefer Orange Grove not to say I was not suspended.
I meant ... I would prefer Orange Grove to say that I was not suspended.
Sorry I put a double negative by mistake.
Hope this makes sense now.
Serica


taratill :

Hi as I have said I think there is little to worry about. If you are concerned why don't you call them to say that you are concerned. It is likely that your fears will then be allayed.

taratill :

all the best with this.

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:


From: Alastair Pratt
Sent: 20 May 2014 13:47
To: ***** *****
Subject: RE: Suspended from work




Hi Serica

It depends upon what you want to say. We should be consistent in what each other says. If you want to say yes you were suspended I will put the same and explain that it was purely done so that we were seen as a company to have taken certain steps whilst the LA we looking into our affairs.

But as I have said you were not suspended for anything you did or did not do so as far as I am concerned it is not something I need to tell anyone as it has no bearing on your ability or safety as a social worker.

Please let me know how you want to proceed as I am happy to say that you have not been suspended for any professional or social work reason if I am asked.

If you feel you need to tell people I will go along with you

Hope this explains my feelings about it

Regards




From: Serica Taylor
Sent: 20 May 2014 13:06
To: ***** *****
Subject: RE: Suspended from work




Ok, so my suspension won’t be on my records as such??

Its just that if I don’t put I was suspended down and they specifically and formally ask Orange Grove to confirm whether or not I was suspended, and Orange Grove say well ... yes I was suspended ... then I feel that I may be putting something fraudulent down? It will be inconsistent.

I need very clear guidance ... bearing in mind that management change etc. ....

Customer:

From the emails that I have sent from HR does it appear to you that they are clear is saying they will not put anything about the suspension? Do you think this acts as a contract.

Customer:

Its just that I know the company well ... and they really do not seem to follow any fair procedures .. they do what they like ..

taratill :

It acts as an agreement. If you were not suspended for anything you did they would take a huge risk in mentioning it. They also clearly indicate in the emails that they will not mention it unless you do, as your employer you have the right to rely on what they say so you can argue this amounts to a breach of contract. If they mention the suspension without the context that it had no bearing on your ability to do your job then it could also amount to a tort of negligent misstatement and you would have a remedy that way.

Customer:

If they do break the contract who should I go to as my first port of call?

taratill :

You should explain the situation to the prospective employer and seek legal advice. If you have household insurance it may contain access to free legal advice insurance.

Customer:

Thank you

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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