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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47349
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I hand in a sicknote before an investigation as I have an interview set up and don�

Customer Question

Can I hand in a sicknote before an investigation as I have an interview set up and don't want to jepordise it or should I resign as I don't want it on my record as if been their 18 yr and put my name to something which I stupidly did not check and their is a money loss of £60 to the business
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell me has a date been set for the investigation please.
Customer: replied 1 year ago.
29th December. Would sick line delay hearing as have prospect of good job offer 30th Dec. Got interview on this day. Unfortunately arisen at same time as job offer. Can I resign as don't want the fact I may be sacked on my record? Does that info get passed to new employer?
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You are able to submit a sick note of you could get one but that does not guarantee a postponement to the meeting. Ideally the employer should postpone it until you re fit to attend but if they believe that the sickness may not be genuine and it is just a cover for you not to attend then they could refuse to acknowledge it and still expect you to attend. However, if this is just an investigatory meeting then you will not be sacked in it – it is only the first step in the disciplinary process and the employer still has to take you through a formal disciplinary hearing. So you could resign now and hope that your notice period expires before any formal disciplinary is held. In terms of what information is passed on to a new employer, this could be something which they are made aware of in a reference by the current employer. 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. This is your basic legal position. I have more detailed advice for you in terms of the law on references and what the employer can say in relation to pending disciplinary action, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
Ok il leave it their
Expert:  Ben Jones replied 1 year ago.
No problem, If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you