Suspension from job and knock on effect for further employment

Undervalued

powerful_Rogue said:

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/

Not as simple as it used to be.

At one time a copy of a reference could be obtained by making a SAR to the recipient. However confidential references can now be exempt in some circumstances.....

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

powerful_Rogue

Undervalued said:

powerful_Rogue said:

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/

Not as simple as it used to be.

At one time a copy of a reference could be obtained by making a SAR to the recipient. However confidential references can now be exempt in some circumstances.....

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

Every days a learning day, useful to know. Thank you.

MalMonroe

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?

Your relative could do worse than contact acas for advice.  

https://www.acas.org.uk/contact

She received glowing references from two past employers, I really don't believe all is lost.

And to be honest, I'm not sure why the current employer is carrying out an investigation, having suspended your relative, after she'd only been working there for two weeks. If she'd been there for more than two years, yes but usually employers are not that invested in new starters. (No offence meant, just that it seems strange). The fact that they are still carrying out the investigation indicates that she still has a chance with them? Otherwise they'd have washed their hands of her, surely?

Acas is a good next step, imho. 

p00hsticks

MalMonroe said:

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?

And to be honest, I'm not sure why the current employer is carrying out an investigation, having suspended your relative, after she'd only been working there for two weeks. If she'd been there for more than two years, yes but usually employers are not that invested in new starters. (No offence meant, just that it seems strange). The fact that they are still carrying out the investigation indicates that she still has a chance with them? Otherwise they'd have washed their hands of her, surely?

On the downside, another theoretical reason that I can think of (and I'm not saying that this is the case here) is that the allegations are of such a serious nature that the employer is not prepared to simply 'wash their hands of them' but feels they need to  look into whether further legal action could be taken (e.g.in cases of possible fraud, theft etc - though I reiterate that I'm not saying this is applicable in this particular instance). 

Savvy_Sue

Re the time that the investigation is taking, now that your relative has left, what incentive is there for the employer to conclude any enquiries? Do they in fact intend to do so?

Sometimes it's worth going to an agency and seeing if they can find temporary work. Explain that you won't be using the last employer and see if they will accept that. sometimes only the agency sees the references rather than passing them on to the employer, and it's easier to have a poor one. 

Jobadvice

Undervalued, I am not skating around the question of the allegations being true or untrue. We are waiting for information as previously mentioned we are not privvy to and will not be until after the investigation. 
wrongful dismissal is not possible because as previously mentioned my relative has already handed in their notice. I find myself in a position where because the investigation is not yet concluded, I do not want to jeopardise anything by going into too much detail and not following the guidelines regarding talking about this situation in any depth to anyone. Unlawful discrimination is not an accusation I've even considered, and yes I do believe they are covering their back, and trying to be fair, even so, it is still taking it's toll on both progression and our mental health. Hence the reason I came on this forum to seek help and guidance.

TELLIT01

Savvy_Sue said:

Re the time that the investigation is taking, now that your relative has left, what incentive is there for the employer to conclude any enquiries? Do they in fact intend to do so?

Surely the reason for suspension and investigation is relevant to whether or not the former employer should continue the investigation.  If they are investigating possible illegal activity they may want to take it further.

Jobadvice

Yes, the investigation is continuing, my relative wishes to clear her name, and not have things left up in the air.

Jobadvice

p00hsticks said:

MalMonroe said:

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?

And to be honest, I'm not sure why the current employer is carrying out an investigation, having suspended your relative, after she'd only been working there for two weeks. If she'd been there for more than two years, yes but usually employers are not that invested in new starters. (No offence meant, just that it seems strange). The fact that they are still carrying out the investigation indicates that she still has a chance with them? Otherwise they'd have washed their hands of her, surely?

On the downside, another theoretical reason that I can think of (and I'm not saying that this is the case here) is that the allegations are of such a serious nature that the employer is not prepared to simply 'wash their hands of them' but feels they need to  look into whether further legal action could be taken (e.g.in cases of possible fraud, theft etc - though I reiterate that I'm not saying this is applicable in this particular instance). 

I also believed that my relative still had a chance, but the truth is she realised from the very start that the job was not as sold, she was unhappy and had already started applying for a new position.
Yes it is strange. Overkill to me. Nothing sinister, no fraud or theft. Thank you for clarifying that you weren't implying as such.

DullGreyGuy

powerful_Rogue said:

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/

They can but it would be pointless as references are exempt from DSAR @powerful_Rogue ...

Under the old DPA the exemption was only for the company giving the reference (https://www.legislation.gov.uk/ukpga/1998/29/schedule/7/2018-01-03 ) but not the company receiving it

Under GDPR the exemption was widened to both companies as per Schedule 2.24(a) https://www.legislation.gov.uk/ukpga/2018/12/schedule/2