UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Do you have any idea what the employers allegations may be? PS: I am just travelling so may not be able to respond immediately, thanks for your patience
Thanks for your patience. To answer your questions:
1. Should I agree to meet with them before my contract ends?
If they have asked you to attend a meeting whilst you are still employed by them then you would have an obligation to meet them as you are still under their employ and subject to their rules and policies. Refusing to meet them could be seen as insubordination and a potential disciplinary matter
2. If I delay things until I am no longer contractually bound - will that change anything?
Once your employment has terminated you would no longer be bound by their rules and decisions and they cannot retrospectively dismiss you if they continue with their investigation and find out reasons to dismiss. Once your employment has ended you do not answer to them and they cannot force you to do anything.
3. In the unlikely event that they decide a breach has occurred are they obligated to provide reliable evidence to support a disciplinary decision?
In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
4. Can a disciplinary decision be enforced/added to my record if the investigation and issue pertains solely to my post resignation period?
If you mean the period between you handing in your resignation and leaving them, yes. Any period whilst you are still employed by them will be relevant and they can take it into account.
5. I am concerned that this could damage my reputation (making future employment very difficult) and potentially impact my ability to start with my new employer (I.e. they could be induced to withdraw the offer). Is this a reasonable concern and if so, what is my recourse?
It really depends on how the employer deals with this and what they do as a result. For example, if the employer decides to issue a reference and mentions this, they would need to be accurate and truthful in its contents. Refer to the case of Cox v Sun Alliance Life Ltd where it was decided that an employer will be negligent in providing a reference that refers to an employee’s misconduct unless the employer had carried out an investigation and had reasonable grounds for believing that the misconduct had taken place. That would then enable the employee to make a potential claim for negligence against the employer.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).