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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49779
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Ben, I have been suspended from my employment due to

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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?
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 2 years ago.
5 years and 6 months
Customer: replied 2 years 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 2 years ago.
e.g. as in physically either hearing or reading an outcome not just them writing the letter
Are you actually being taken through a formal disciplinary?
Customer: replied 2 years 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 2 years ago.
or whether there is no case to answer
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 2 years 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
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 2 years 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
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
Can I clarify anything else for you?
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.
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