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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52643
Experience:  Qualified Solicitor
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I’m a registered nurse with an impeccable record. I resigned

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Good afternoon, I’m a registered nurse with an impeccable record. I resigned from my post last week giving the obligatory 8 weeks notice. On arrival at work this morning I was suspended on suspicion of fraudulently using a reduced carpark voucher on two occasions. If I have already resigned do I still need to go through a disciplinary process?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

How long have you worked there for?

Customer: replied 6 months ago.
Thank you
Customer: replied 6 months ago.
I’ll continue on text please

That is completely fine, how long have you been working as a nurse?

Customer: replied 6 months ago.
For 5 years
Customer: replied 6 months ago.
At the same nhs trust

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Thanks for your patience. First of all, being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal.

Regardless of whether you have resigned or not, you are still their employee until your notice period ends and you have the same rights and obligations as if you had not resigned. You do not get any immunity from disciplinary action just because you are serving your notice. So yes, you would still need to deal with any disciplinary proceedings whilst you are still officially employed by them. However, if they fail to make a decision before your notice ends, they cannot take any further disciplinary action against you, such as dismissing you after your employment has already terminated due to resignation.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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