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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, I feel I need more legal information and advice what

Customer Question

Hi Ben, I feel I need more legal information and advice what is going on in my case I mentioned in my two previous contacts with you. I'd like to quickly pull up chronological order of the happenings to make it easier for you and me to follow: Wednesday,
14th Oct - the incident happened Thursday, 15th Oct - I was told by the manager that I am not allowed to touch anybody Friday, 16th Oct - the manager told me that she would talk to my colleague in question on Monday and see if he is just wanted have a verbal
complaint Tuesday morning 20th Oct - I was told that I was to attend an investigatory meeting on Thursday, 22nd Oct. afternoon 20th Oct - I was suspended and was told that the mentioned meeting was placed on hold pending the outcome of the format grievance
meeting. Wednesday, 21st Oct - I was requested to submit a statement about the incident by the following day by 2 pm. Thursday, 22nd Oct - I sent the statement by 2 pm and received a letter "Invitation to an investigatory meeting" Friday, 23rd Oct - I emailed
a question regarding a detail in the invitation letter. I received no answer. Saturday, 24th Oct - I received an email from our pension scheme company that my employer cancelled my enrollment with them on Friday, 23rd Oct. I could not sign in their website
when I tried. The latter information has alarmed me greatly. As I mentioned I got a letter about a meeting on Monday that said to attend to "an investigatory meeting to discuss an allegation that..." It also stated that "This meeting is not a disciplinary
hearing and the purpose of the meeting is to just to investigate an allegation that has been raised." What is your view on it? What are my options? I don't understand what's going on. If the Monday's meeting was supposed to be an investigatory one why was
I asked to give my statement beforehand and not to bring it to the meeting or talk about it then. It seems to me that it is already decided that I will be let go on Monday in the meeting. Should I attend that meeting at all? What do you think the outcome could
be in light of these information? If I don't attend but hand in my resignation before the meeting, will it stop the procedure? If yes, will it still effect my future reference? Do they have to mention that there was a complaint against me even if it didn't
have a result? If I resign, do I have to give a reason? If yes, is there a way to gain their consent on a mutual agreement? I don't want to put any negative or accusative notes in it if I'll end up handing in a letter regardless what is going on.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello again, can you please remind me how long yo have worked there for?
Customer: replied 1 year ago.
4 years
Expert:  Ben Jones replied 1 year ago.
Thank you. It appears from what you have said that the employer is still treating this as an investigation at this point and not a formal disciplinary. If they do treat it as a disciplinary then they have not really followed the correct procedure. There is nothing automatically wrong with asking you to submit a statement before an investigatory meeting and you could then elaborate on it or be asked further questions at the meeting. I would still advise that you attend the meeting on Monday, especially as you have been told that it is just an investigatory one. If the employer then goes on to make a decision to discipline or dismiss you at that meeting, then there would be a clear procedural failure and the dismissal could easily be deemed unfair, something which you could challenge. So do not make any assumptions yet and just attend and see what happens. I cannot tell you what the outcome could be as only the employer knows this so I cannot just make a random guess – you will have to find out for yourself by attending and seeing what the employer does next. Resigning before the meeting will not stop the procedure, especially s you will be expected to work through your notice period so during that time the employer could still continue with it. Saying that, if you are adamant you want to leave, you could try and agree a release with the employer where they let you go with immediate effect and they drop the disciplinary at the same time, but that is down to them. Whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion. Certain principles have been established through case law over the years and the main points can be summarised as follows: 1. In the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading. 2. In the later case of Cox v Sun Alliance Life Ltd the employer provided a reference that contained details of an employee's alleged misconduct. However, they did not properly investigate these before providing the reference and the employee challenged the information in it. The court decided that an employer will be negligent in providing a reference that refers to an employee’s misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that the misconduct had taken place. This can be applied to other matters forming part of a reference, not just issues of misconduct. So if it is obvious that incorrect facts have been relied on, the contents are false or misleading, there may be a potential case for negligence against the employer and this matter could be taken further by seeking compensation in the county court for any damages caused. But as mentioned you could try and negotiate a mutually acceptable exit, although that is down to you and the employer to agree on, neither party can be forced to agree on it. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you
Expert:  Ben Jones replied 1 year ago.
You are welcome

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