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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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if i resign after being on suspension for almost 4 months for

Resolved Question:

if i resign after being on suspension for almost 4 months for some internal policy breach issue. My notice is three month. will company sack me during the next three months? if they dont, what will they put on reference? resigned or resigned pending investigation?
and if I get dismissed during my notice unfairly, can I still claim unfair dismissal?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Are they saying that the breach potentially amounts to gross misconduct and how long have you worked there for?

Customer:

I have worked there for about 6years. they have not said anything about "gross misconduct" yet as it is only under investigation stage now.

Customer:

i work for a bank, and the misconduct happened one year ago, involving inappropriate contents on internal personal chats.

taratill :

what reason do they have for keeping you suspended that long? Are you resigning to go to a new job?

Customer:

the reason for suspension they had on the initial letter is "creation and use of coded chat in electronic communication"

taratill :

Are you resigning to go to a new job?

Customer:

as we used morse code to chat with each other for about 5 times.

Customer:

yes i am hoping to get some offers

taratill :

But you have not secured a new job yet?

Customer:

not yet.

taratill :

Ok thanks, ***** ***** honest you have grounds to raise a grievance a tribunal would find it unreasonable for you to be suspended for this long without being told whether you are going to go to disciplinary or not.

taratill :

To answer your question if you resign it can be mentioned that you resigned whilst suspended on your reference as an employer has the right to be truthful.

taratill :

If you are dismissed during your notice you will still be able to claim unfair dismissal.

taratill :

In all honestly I would go to see a local solicitor to ask them to write to your employer to try to get a Settlement Agreement in these circumstances as there is no right forthem to keep you suspended so long after an allegaiton.

taratill :

It is untenable for your life to be put on hold in this way.

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.

taratill :

Please let me know if there is anything further you would like to know about this/

Customer:

thanks. so you think the length of the suspension will be able to allow me to reach a settlement agreement with the bank? am i able to ask the bank to put on reference as simply resigned? what if they don't want to reach the settlement agreement. i will just have to wait for another 3 months?

taratill :

You can ask for a form of reference from the bank. They don't have to accept that or the offer of a settlement agreement. AT this stage it is just a suggestion for a pragmatic way forward.

Customer:

ok, but still, if during notice, they dismiss me, i can still appeal, and claim unfair dismissal if the decision is indeed unfair?

taratill :

Yes but compensation would be limited to the remaining period of the notice.

Customer:

i see. ok. thanks for the help

Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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