How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46769
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Ben, I have been suspended from my employment due to

Resolved Question:

Hi Ben,
I have been suspended from my employment due to a grievance being raised, and tomorrow have my outcome meeting. I have told my employer that I am not well enough to attend however they have stated that they will give the grievance outcome either over the phone or in writing.
1) is this normal practice even if an individual is unwell?
2) If you resign before the outcome meeting do you get a clean reference?
3) Should I attempt a without prejudice conversation?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
5 years and 6 months
Customer: replied 1 year ago.
In terms of reference, would I get a clean reference before knowing the outcome of the grievance investigations? Is the deadline for resigning for a clean reference work telling me the decision or them making the decision?
Customer: replied 1 year ago.
e.g. as in physically either hearing or reading an outcome not just them writing the letter
Expert:  Ben Jones replied 1 year ago.
Are you actually being taken through a formal disciplinary?
Customer: replied 1 year ago.
no it is currently just a grievance investigation. tomorrows meeting is the outcome meeting of the grievance findings an whether they will proceed to a disciplinary
Customer: replied 1 year ago.
or whether there is no case to answer
Expert:  Ben Jones replied 1 year ago.
Thanks, ***** ***** answer your questions: 1. There is nothing specific in law about this and the only reference is to when a person cannot attend a formal disciplinary hearing due to illness. In those circumstances the employer is expected to postpone the hearing, allowing the employee time to recover. However, a grievance outcome hearing is not on the same level as a formal disciplinary. The investigation has already taken place, the decision is known and it is just an outcome hearing now, whereas at a disciplinary you are expected to provide a defence, get involved in the proceedings and also the outcome can affect your future employment. So the employer is likely to be able to hold it even if you are absent. 2. You will not necessarily get a clean reference. First of all if you resign you would still need to serve your notice period and during that time things could change and events could happen which can be recorded on a reference. Also, in a reference the employer can include any factual information applicable until your employment had terminated. So for example they can say that you were being investigated for this complaint because that is the truth. 3. You should have nothing to lose as you cannot be treated detrimentally for initiating such discussions. It also depends on what you believe the potential outcome would be and if you are keen to leave in the first place and wish to do so with less noise surrounding the departure. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Thanks for your response
In my suspension meeting I asked about resigning and was told that I can resign immediately without working notice - is the employer allows this then does the proceedings stop? they said i would also get a clean reference
Expert:  Ben Jones replied 1 year ago.
The employer can waive the requirement to work your notice period and let you go immediately. Once your employment terminates then so do all proceedings in it. they can also agree to provide a clean reference on the condition you leave voluntarily, so that is in effect a deal you can reach with them on those terms.
Customer: replied 1 year ago.
thank you. they did state that in my suspension meeting so assume that because I will resign before the outcome decision is given that it is still acceptable
Expert:  Ben Jones replied 1 year ago.
Well you have to confirm that with them, it may have been their intention at the suspension meeting but they may have changed their mind since then so you would have to confirm that it is still an option
Expert:  Ben Jones replied 1 year ago.
Can I clarify anything else for you?
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46769
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice