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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49836
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for Conergy UK and have done since the end of January

Customer Question

I work for Conergy UK and have done since the end of January 2014.
I left after 3 weeks due to issues with the commute to and from their offices in Milton Keynes from Hastings, the poor quality company car, lack of any induction or guidance from management to help settle in the role and carry out my duties for them.
They asked where I was going to work, and I advised them I had picked up an electrical Rewire and some consultancy work for other solar companies.
Within a week of leaving, and after much thought, I asked if I could return to them and they agreed and I rejoined 7 days after leaving.
5 weeks ago I was offered a position with a Brighton Based company And duly accepted.
As I was still under probation period with Conergy and being the person that I am, I asked when I resigned if I could stay until the end of April, to help them achieve completion on a project I am working on and thus give them a 4 week notice period rather than a weeks notice, and thus meant I would leave on the 30th April, 2 weeks after my probation period would end.

The problem now is that during my time, with Conergy, as mentioned before, I have been carrying out the electrical Rewire and other solar consultancy works at weekends, and so not interfering with my day to day work with Conergy, but last week I inadvertently sent an invoice to Conergy instead of the company I had given the consultancy too.
This company also provides a service to Conergy, on the project I am working on for Conergy, and indeed it was through my introduction that they are carrying out the works.

I now have been invited to attend an investigation meeting at Conergy on Thursday 24th April, held by my line manager, to go through how, where and what and why is my involvement with this company.
I have not been asked if I want to bring any legal representation with me, and this meeting could lead to a further disciplinary hearing, but again I am due to leave them on the 30th and I need advice on what action I could or should do to minimalise any long term effects on me.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

At this stage you are simply under investigation so there is no guarantee that this matter will go any further. However, you are still advised to cooperate with them and attend any investigatory meetings (by the way no representation is allowed in an investigatory meeting, only in a disciplinary). You may be leaving on the 30th but until then you are still an employee of the company and if necessary they could proceed with formal disciplinary action and even dismiss you before your resignation ends. There is no way of avoiding that if it is what is going to happen. Nevertheless you may offer to leave now with immediate effect, saving the employer the time and effort involved in investigating and disciplining you and that may work for them. Alternatively you may leave at any point and avoid using them as a reference in the future – the only way someone may find out about what happened is if you use this employer as a reference and they mention it so by avoiding that you could reduce any risks of future effects it may have.

JACUSTOMER-3bpe4gf6- : Hi
JACUSTOMER-3bpe4gf6- : so by resigning on Thursday before the planned meeting , the only blight will be to avoid using them for any reference ?
JACUSTOMER-3bpe4gf6- : So the only blight by resigning on Thursday before the meeting would be to avoid using them for a reference?
JACUSTOMER-3bpe4gf6- : would you notify them today or tomorrow that my intention is to resign with immediate effect on Thursday?
Ben Jones :

technically you will be in breach of contract but unless they can show they have suffered actual losses as a result of that and also sue you and win, there is little they can do and the reference is the only thing left that could affect you. If you resign with immediate effect then you do so when you tell them, so you cannot resign now with immediate effect from Thursday - you can resign tomorrow with immediate effect or Wed, or Thus - as long as you tell them when you actually want to resign as that is when your resignation takes effect

JACUSTOMER-3bpe4gf6- : They already have my replacement employed so I would guess the implications or losses would be minimal
Ben Jones :

yes that is correct, it is usually having to get a short notice replacement that the employer would claim for

JACUSTOMER-3bpe4gf6- : And one final point, my initial point in the question was can I take legal representation with me to the meeting , purely to be on my side
Ben Jones :

not the investigatory hearing - you are not legally allowed to take anyone there, but you can at a disciplinary hearing

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks