Been suspended :( - Legal advice please

zzzLazyDaisy

TDA10 wrote: »

Thanks Emmzi - I'm kinda thinking that's the way to go TBH. Does anyone know if the my current employers can legally tell the new ones that I had been suspended and what for? x

As long as the reference is factual and given in good faith, the employer is legally allowed to state the circumstances.

Often, the employer will simply give a short reference stating that the employee worked as a [job title] from [date] to [date]. Sometimes they will add the reason for the termination of employment was resignation.

But, yes, they can say that you resigned during the course of a disciplinary procedure. As that is a simple statement of fact.

foxwales

Be aware that if you continue to challenge this disciplinary action, your employers are well within their right to take civil action against you for the recovery of wages, should it be proved that you falsified medical documentation to remain under their employment and continue to receive Sick Pay.

They could also bring a private criminal prosectution against you for fraud on the basis of the above.

Clutching at straws to try and win some kind of dignity out of this against your employers could lead you to digging yourself a very big hole and making the situation much much worse.

If you have not already done so, hand in your resignation or do not continue to contest this disciplinary. If the disciplinary investigation is concluded on the basis that you submitted false document medical evidence this could wreck any future job prospects you have.

Walk away, do some damage mitigation as best you can and get on with your life and forget about this.

You really are chasing a rattle snake here.

terra_ferma

TDA10 wrote: »

Thanks Emmzi - I'm kinda thinking that's the way to go TBH. Does anyone know if the my current employers can legally tell the new ones that I had been suspended and what for? x

Won't comment on your behaviour, but just give you some objective information.

You may want to try to reach a compromise. The legal name is compromise agreement.
You agree to resign and not take legal action against them, and they give you a good reference and pay you two-three months salary in lieu of notice.
It may sound strange, but from a management point of view they would be saving potentially paying you while the dismissal process etc is carried out (which with your sickness would take a while), and also any hassle/legal fees from an Employment Tribunal claim.

This is what normally happens when senior managers 'disappear', but I've also seen it used with junior member of staff to avoid hassle.

It would be the only win-win way to get out of this situation, anything else will be very messy.

terra_ferma

jim_walton wrote: »

I wouldn't make it easy for them by resigning. I would just ignore any further correspondence and see how long they pay you for!!

Jim
We can always count on your well informed opinion...

Zazen999

gerty - are you the same person as TDA10?

Lorian

gertybertyangel wrote: »

Thank you all for the useful advice

As they say these days - I have 'taken your comments on board' and have decided to progress with a full an honest explanation in writing, followed by a resignation due to ill health and the request of a simple reference.

Everything happens for a reason I suppose...

Doppleganger?

fabforty

Zazen999 wrote: »

gerty - are you the same person as TDA10?

And if you are the same person, were you forced to act out of stress and depression, when you posted this on 22 October?

gertybertyangel wrote: »

Hi there,

I've had 2 spells in hospital in the past 2 months and for some reason my employers don't believe I've actually been there!!!

They have requested that I bring a copy of both sets of discharge papers in, but of course they contain personal info and I don't really want them to see what they say.

I can get a letter from my GP to confirm I have been in hosp on the dates in question but have my employers got any right to insist on seeing the discharge papers?

Thanks for any advice x

The other thread makes intersting reading (assuming you haven't deleted it all by now). Perhaps not quite so naive and innocent...???

terra_ferma

gertybertyangel wrote: »

Thank you all for the useful advice

As they say these days - I have 'taken your comments on board' and have decided to progress with a full an honest explanation in writing, followed by a resignation due to ill health and the request of a simple reference.

Everything happens for a reason I suppose...

gertybertyangel??? What happened to TDA10?????
And someone else mentioned Doppleganger as well.....
Signed in with the wrong ID? How many have you got?


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TDA10

No - total nutjob!!! I am staying at my mate gertybertyangel's house and didn't realise she had an auto log in!!!

Told you I was stressed!!! :rotfl:

TDA10

And she WAS genuinely ill!!! :rotfl: