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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I was suspended from my job near the end of my notice period,

Resolved Question:

I was suspended from my job near the end of my notice period, there was no further investigation as I was due to leave, my reason for suspension was actually information I had decided to supply as I was put in a position where I felt they should know. I was on the sick when they suspended me and I had already told them I would not be returning before my end of notice period. Do I have to pass this onto any future employer?
Many thanks
Kessia
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me if you had any disciplinary issues whilst in employment and has you manager said this may affect any references they may be required to give please.

Customer:

No disciplinary actions and the company policy is to only give a factual reference which I have, they stated that there could have been potential gross misconduct but no investigation as I was near the end of my notice period

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Ben Jones :

Thanks for your patience. You do not have to provide any information about this suspension to a future employer unless you are directly asked about it. For example if you are asked a direct question of ‘Have you ever been suspended’ then you would have to tell them. This is because by not answering such a direct question you would be telling a lie and that in itself can be a misconduct offence.

Suspension is not an indication of guilt and it is just used as a precautionary measure whilst the employer investigates the allegations against you. Until you have been taken through a formal disciplinary and proven guilty you are considered innocent, regardless of whether you were suspended or not. So the fact you were placed on suspension would not change your position in any way. I also do not expect many employers to ask you direct questions about suspension as most would be interested in whether you have been sacked or had formal disciplinary action taken against you, to which you can answer no in the circumstances.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

This was fantastic advise and information, thank you.

Ben Jones :

you are welcome, all the best

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