Facing disciplinary action - HELP!

MissDVL

Hi all

I'm currently suspended on full pay pending investigation (won't go into details but I know I'm in the wrong.)

HOWEVER, I am also currently 4.5 weeks into a 6 week notice period, which I personally extended due to the fact my new job does not begin until 9th August. My current job only required me to work 4 weeks' notice, which ended last Wednesday.

I am due to attend a investigatory hearing on Wednesday to plead my case, but I know full well that I will be dismissed whether I attend or not.

I'm seriously worried that my new job offer will be retracted when they get the reference from my current employer saying I was dismissed.

My question is - can I end my notice period with immediate effect, considering I have already worked the notice required of me? I have already spoken to Acas who have said that if I do this any disciplinary actions will be ceased as I am no longer employed by the company.

Any advice will be greatly appreciated.

Thanks
D x

Torry_Quine

You could resign but then any reference could say that you resigned while suspended.

whitewing

Perhaps get proper legal advice based on a full explanation of your exact circumstances. They may be able to salvage a situation much better than you can deal with it yourself.

MissDVL

Thanks guys - Acas were great and gave me a bit of advice but my biggest worry is whether or not I will lose my job offer, I am a single mum and cannot afford to be out of work. (I know I brought this on myself but 'told you so's' aren't required here!!)

I don't know whether to ride it out and see what happens when my new employers get my references, or be upfront with them about it now and potentially lose the offer anyway.

jacques_chirac

If there is any possibility of you getting a poor reference, I would be upfront about it. It is far better to come from you than from your old employer, and hiding it will make them wonder what else you are hiding.

MissDVL

Torry_Quine wrote: »

You could resign but then any reference could say that you resigned while suspended.

According to Acas, they would not be able to mention the suspension because suspension is the beginning of a disciplinary procedure, and references can only mention disciplinary outcomes, not the processes?

Galaxy1987

If you have a start date, have you not already got a reference from them?

IMHO it would depend on what you have done that may effect your new job. If it was a calculated event (fraud, theft etc) or an accident also if it happened AFTER you handed in your notice, as it may look like you have done it because you where leaving.

But always be open about it as the truth always comes out in the end.

MissDVL

Jayt1987 wrote: »

If you have a start date, have you not already got a reference from them?

IMHO it would depend on what you have done that may effect your new job. If it was a calculated event (fraud, theft etc) or an accident also if it happened AFTER you handed in your notice, as it may look like you have done it because you where leaving.

But always be open about it as the truth always comes out in the end.

I have actually been given two job offers, the first of which is starting on the 9th August, the second I am waiting on the HR department to confirm details and negotiate my salary. Neither of them have yet asked for any references, but the second job have confirmed they will be requesting them once I have accepted their offer.

The first job is unlikely to request references if they haven't already done so, as they have had my reference details for 4 weeks, and my suspension only happened today. But I will be seriously gutted if the second job don't take me on based on this.

My suspension is due to the fact I have been in contact with an ex-client of ours without declaring it to my employers. Nothing like fraud or any criminal offences, but something that is majorly frowned upon. The second job requires a CRB check and although my criminal record is squeaky clean, I worry that having an inappropriate relationship will affect their view on me.

Galaxy1987

MissDVL wrote: »

I have actually been given two job offers, the first of which is starting on the 9th August, the second I am waiting on the HR department to confirm details and negotiate my salary. Neither of them have yet asked for any references, but the second job have confirmed they will be requesting them once I have accepted their offer.

The first job is unlikely to request references if they haven't already done so, as they have had my reference details for 4 weeks, and my suspension only happened today. But I will be seriously gutted if the second job don't take me on based on this.

My suspension is due to the fact I have been in contact with an ex-client of ours without declaring it to my employers. Nothing like fraud or any criminal offences, but something that is majorly frowned upon. The second job requires a CRB check and although my criminal record is squeaky clean, I worry that having an inappropriate relationship will affect their view on me.

Think the backlash of this would be the context of the relationship and how it happened.

What is personal or professional. Did you meet outwith work i.e. pub or did you contact them with a purpose of business.

MissDVL

Jayt1987 wrote: »

Think the backlash of this would be the context of the relationship and how it happened.

What is personal or professional. Did you meet outwith work i.e. pub or did you contact them with a purpose of business.

100% personal. I have no dealings with clients on a business basis, as I only hold an admin position.

jacques_chirac

MissDVL wrote: »

According to Acas, they would not be able to mention the suspension because suspension is the beginning of a disciplinary procedure, and references can only mention disciplinary outcomes, not the processes?

ACAS are wrong. Sadly ACAS are often wrong

They would not be able to write 'We would have sacked her if she'd not resigned' because that would not be a certainty until due process has been followed. However there is nothing to stop them stating you resigned pending disciplinary action, as that is a fact.