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I have been suspended on full pay from Bupa. I have worked…

I have been suspended on...
I have been suspended on full pay from Bupa. I have worked for them for just over a year. It has always been a hostile environment for me, although i assumed it would improve as they got to know me. However, it has only become a worse fit for me, with lack of trust in my manager. Due to this I have been referred to stress counselling by my GP, and now, since the allegations made against me, I have cracked under the pressure and am signed off with depression and stress for 3 weeks. I do not feel able to have a face to face meeting to reply to these allegations, and I feel that they will, if possible try go to disciplinary. Can I answer these allegations in a written statement? I am going to resign as I cannot continue to work there for the protection of my own mental health. In their letter to me outlining allegations ( which took 3 emails and over a week to receive) they have said " may I remind you that being suspended from duty is not part of a disciplinary sanction and does not imply any presumption of guilt on your part". So is this heading for a disciplinary or not, i am confused. If I resign now, can they give me a bad reference, or inform my potential new employee that i was being investigated.? can you help
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Answered in 3 minutes by:
2/5/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,746
Experience: Qualified Employment Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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Please can you provide some more information on the circumstances that have led to your suspension?

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Customer reply replied 4 months ago
I would like to know whether if I resign, it can be noted on any future reference, that i was under investigation
Customer reply replied 4 months ago
I have been suspended on full pay from Bupa. I have worked for them for just over a year. It has always been a hostile environment for me, although i assumed it would improve as they got to know me. However, it has only become a worse fit for me, with lack of trust in my manager. Due to this I havebeen referred to stress counselling by my GP, and now, since the allegations made against me, I have cracked under the pressure and am signed off with depression and stress for 3 weeks. I do not feel able to have a face to face meeting to reply to these allegations, and I feel that they will, if possible try go to disciplinary. Can I answer these allegations in a written statement? I am going to resign as I cannot continue to work there for the protection of my own mental health. In their letter to me outlining allegations ( which took 3 emails and over a week to receive) they have said " may I remind you that being suspended from duty is not part of a disciplinary sanction and does not imply any presumption of guilt on your part". So is this heading for a disciplinary or not, i am confused. If I resign now, can they give me a bad reference, or inform my potential new employee that i was being investigated.? can you help.
do you need to know the allegations,

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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I'm sorry. I sent that to you in error. Yes, some background information would be useful to understand your position in this particular situation?

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Customer reply replied 4 months ago
have been working there for 14 months, my peer within the home seems to have a good deal of influence and not, for me , in a good way. She will often make unwelcome comments and undermine me. I had supposed that my manager would manage the situation as she clearly took a dislike to me and is quite an opinionated and at times intimidating person. However, my manager has never supported me in this regard. I had tried to speak to her myself but nothing changed. My manager has lost my trust over the time I have worked there, over this and other issues and our initially good relationship has broken down. I spoke to his line manager about the problems I am experiencing, and since then things have become worse with him shouting at me in front of both staff and residents. I feel excluded and its clear i do not `fit` into the management culture there. These allegations are the second i have faced, the first time proven to be " a misunderstanding" by the person making the allegations. I would call them lies. These recent allegations are taken out of context and I cannot even recall some of them. I do not know how to reply to the allegations as it seems a case of their word against mine. I cannot envision a circumstance where i would return to my job as the thought makes me feel physically sick. Should I resign before they push me? what would be the possible repercussions?

OK, thank you for taking the time to provide this information. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. Being placed on suspension is not an automatic assumption of guilt and does not amount to disciplinary action. Whilst it can lead to disciplinary action, it is primarily there to be used as a precautionary measure whilst an employer investigates any serious allegations against the employee. Reasons for suspending could be in the case of gross misconduct, breakdown of relationship, risk to an employer's property, their clients or other employees, to preserve evidence or ensure it is not tampered with, avoid potential witnesses being pressured or intimidated, etc.

The period of suspension should be as short as possible and kept under regular review. During that period the employer should conduct a reasonable investigation into the allegations against the employee. If the investigation gathers enough evidence to justify taking disciplinary action, the employee has the right to be informed in advance of the allegations and evidence to be used against them and be given the opportunity to prepare to defend themselves at the forthcoming hearing.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should terminate the suspension immediately and allow the employee to return to work as normal. So there is no guarantee that any act of suspension will end up in a disciplinary.

If you could not genuinely attend any meetings you can certainly propose to make the submissions in writing. If you were to resign, then the employer could mention any factual information valid at the time you leave, such as that you were under suspension and what for - after all that is factually correct. They do not have to do so, however, and it is up to them. You can always try and agree with them that you would leave voluntarily if they drop any suspension and not mention it in a reference.

In the case of Bartholomew v London Borough of Hackney (which dealt with actual disciplinary procedures, rather than just a suspension) the employer provided a reference which contained details of disciplinary proceedings pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.

I still think the best option is to have an off the record chat with the employer and see if they are willing to let you leave voluntarily and in return drop this whole process and not mention it further.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

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Customer reply replied 4 months ago
thanks

you are welcome

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