Suspension from job and knock on effect for further employment

Jobadvice

A Close relative was recently suspended from a job pending investigation. They had only been there a couple of weeks. The trouble is the job was not as described. They started applying for new jobs before the suspension problem arose, they were also offered a new position. This was conditional dependent on suitable references. They received 2 glowing references from previous employers. The new prospective employer also requested a 3rd from the most recent  job where the investigation has not yet been concluded. To cut a long story short the new job has been taken away, and my relative is left jobless since she handed in her notice believing she had a job to go to. Where does she stand now?

DullGreyGuy

Jobless as you say.

Were you open about the fact you are currently suspended and under investigation during your interview? If you were you could appeal to the hiring manager who may be able to convince HR that they are comfortable with the situation but it somewhat depends on how the future employer's processes work. In my world HR make a judgement on the fit and proper requirement of employees and anyone short of the Group CEO is unlikely to convince HR to change their decision.

Obviously you need to concentrate on securing a new role, though with the current employer presumably giving a reference that states resigned whilst under investigation it may be hard. The old tricks are to leave it off your CV if you werent there very long but that can fall apart if the next job does the kind of vetting that Financial Services companies do or alternatively if there was a sympathetic manager there who may be willing to give a reference rather than it going to HR. 

Jobadvice

My relative applied for the job before the suspension came about, and was offered the job during the suspension. 2 references were given for previous roles. Having been in the most recent for only a couple of weeks, they weren't given as a reference. When asked for a refererence from the most recent employer, my relative advised them what was happening, the person spoken to said they already had 2 good references, which led to them handing in their notice, but now they have received a withdrawal of offer. My relative advised the people investigating that they would co operate througout the investigation even after leaving, in order to show that they were not running away from the situation.

Undervalued

Jobadvice said:

A Close relative was recently suspended from a job pending investigation. They had only been there a couple of weeks. The trouble is the job was not as described. They started applying for new jobs before the suspension problem arose, they were also offered a new position. This was conditional dependent on suitable references. They received 2 glowing references from previous employers. The new prospective employer also requested a 3rd from the most recent  job where the investigation has not yet been concluded. To cut a long story short the new job has been taken away, and my relative is left jobless since she handed in her notice believing she had a job to go to. Where does she stand now?

Between a rock and a hard place I'm afraid.

Except in a very few regulated occupations the employer is not obliged to provide a reference. If they do provide one then they have an equal duty to both parties to be honest and not deliberately misleading. If they so wish they could say that the employee left whilst under suspension.

Realistically, did she do whatever has been alleged that led to the suspension? Given that she has effectively no security of employment, having only been employed a few weeks, the best bet is probably to apologise profusely, go quietly and ask nicely that they provide at least a neutral reference (maybe just dates of employment). However even that could raise questions due to the short length of time.

As DullGG has suggested, in some circumstances it may be possible to miss such a short period of employment off future applications although more diligent employers will probably spot it. Don't be tempted to lie as it seldom works and can easily lead to dismissal for gross misconduct if it is found out later.

Jobadvice

Left while under suspension would be true, not because of the suspension, but because she was offered a job during the suspension period. As mentioned earlier, the job was not as advertised therefore looking for a job started before suspension. This could easily be confirmed when comparing the time the job was advertised, and applied for which was all before the onset of the suspension. It's as if guilty before trial, even though no conclusion has been reached yet. They had only been there for such a short while, if they really believed in the 'allegations' they could have been sacked on the spot without any investigation. I believe the investigation has caused more harm than good.
A person's reputation and chance of future employment has been ruined and a conclusion of the suspension has not even been made yet. It seems so cruel and unfair. Stuck between a rock and a hard place.

TELLIT01

To be suspended just a couple of weeks into a new job would obviously not look good to a potential new employer.  The reference must have provided negative information for a previously made job offer to be withdrawn.  I don't know if the relative can demand to see a copy of the reference.  The previous employer may have provided information by phone in which case it would be more difficult to prove and untrue information had been provided.

Jobadvice

It would be good to know where we stand legally. If there is anyone out there who could confirm that a copy of the reference can be demanded it would definitely give us the confidence to move forward with that. 

Jobadvice

The thing holding us up is the length of time the investigation is taking. At first, I thought this was a good thing, because there was nothing obviously glaringly pointing to any guilt, otherwise I would have expected an instant dismissal. Now as the weeks drag on, it is taking it's toll on both progression and our mental health. 

powerful_Rogue

Jobadvice said:

It would be good to know where we stand legally. If there is anyone out there who could confirm that a copy of the reference can be demanded it would definitely give us the confidence to move forward with that. 

They can submit a Subject Access Request to get a copy of the reference.

https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-of-access/

Jobadvice

My relatives reputation is being destroyed, and we cannot even get any information until after the investigation comes to a conclusion. We have been given no solid proof of who has made the allegations, or in what shape or form the allegations were made or received. This thing could drag on for weeks, it's soul destroying.

Undervalued

Jobadvice said:

Left while under suspension would be true, not because of the suspension, but because she was offered a job during the suspension period. As mentioned earlier, the job was not as advertised therefore looking for a job started before suspension. This could easily be confirmed when comparing the time the job was advertised, and applied for which was all before the onset of the suspension. It's as if guilty before trial, even though no conclusion has been reached yet. They had only been there for such a short while, if they really believed in the 'allegations' they could have been sacked on the spot without any investigation. I believe the investigation has caused more harm than good.
A person's reputation and chance of future employment has been ruined and a conclusion of the suspension has not even been made yet. It seems so cruel and unfair. Stuck between a rock and a hard place.

So, are you saying the allegations are completely untrue, partly true or entirely true. You seem to be skating around that question.

Legally yes, they could have been sacked on the spot for any reason that doesn't amount to unlawful discrimination or indeed no reason at all. However, the firm may have a contractual disciplinary procedure. If so, had they failed to follow it she could have sued for wrongful dismissal, for which there is no two year qualifying period. So they may be covering their back or, just possibly, bending over backwards to be fair.