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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 1636
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I worked for the MOD and was suspended in October 2019 for

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Hi, I worked for the MOD and was suspended in October 2019 for alleged gross misconduct ( looking at my own medical record) I resigned In February 2020 and have completed my 3 months notice on 20.05.2020. The last communication from them was 20.01.2020. Then on 20.05.2020 they contacted me to do a Skype interview regarding the allegations.As I am now an ex employee do I have to comply?
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: No, I was based in Cyprus with the British Army so didn’t have access
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was civil servant, I belong to PCS but just need to know if they can persue this now I have left
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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Thank you

Have you raised any case against them for unfair dismissal (even though you resigned?)

Customer: replied 14 days ago.
No, but I think this is why they are persuing it in case I do

Ok I would strongly advise that you go and open early conciliation with Acas you can easily do this on their site. Alternatively, I could offer a service to look at the evidence you have and advise if you have a case or not, however some of the Employment Rights Act does not apply to the armed forces. However, to answer your question then if your employment has terminated then you do not have to continue with any investigations unless you have a legal obligation to do so, if it is a disciplinary investigation then no you don't have to attend now that your employment has been terminated. If there are any criminal elements (which it doesn't appear so) then you would have to comply.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

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Customer: replied 14 days ago.
Thank you