Reference while suspended (UK/Scotland)?

Question

Im looking for some information so i can help a friend.

My friend was suspended from work pending an investigation, i don't know all the ins and outs of it but my friends has resigned from her post.

She is now looking for a new job and has registered with a few agencies etc.

The problem she seems to be having is her employer who suspended her is telling the agencies or anyone asking him for a reference that he cannot give a reference as she is on a suspension pending an investigation and he has given details of what she has been suspended for and is refusing to give a reference.

She is naturally very stressed and her ex employer is telling her she must attend a disciplinary hearing which she doesn't want to go to.

Even thought she has resigned, does she have to attend?

Also is her ex employer allowed to give out details of why she was suspended?

Id appreciate any advice as id like to help her but im not sure what information to give her.

Thanks in advance for any advice you can give me.

Kim x

Answer 1

I suspect there is good news and bad news. If the disciplinary hearing is an internal one and she has resigned then no, of course she doesn't have to go - an internal disciplinary hearing can clearly have no effect on someone who is no longer an employee. If her employer thinks there are any issues which have not been dealt with (overpayment of wages/ hteft of company property/ time theft etc) then these could be dealt with via an open court process (if the employer can be bothered).

The employer is perfectly entitled to refuse to give a reference and I would be surprised if there was much of a bar on them revealing their reason for refusal (insofaras revealing that the emploeyr quit while under suspension). However, your friend may wish to check out the Data Protection Act to see whether revealing details/ reasons for the suspension is in breach of the DPA.

HOWEVER, it does appear that your friend is not terribly active in seeking to clear her name, by resigning rather than fighting the case, and by refusing to participate in the investigation/ hearing. This COULD give the impression that she believes that the investigation would go against her. The former employer would therefore be faced with a question of whether NOT revealing details of the suspension would breach his duty of care to the person who was considering employing your friend. I would imagine there might be a case for legal action against the former employer if he failed to advise the prospective employer and then your friend took up a new post and then did exactly what she had been suspended for again.

Answer 2

Are you sure she has resigned? If she has resigned, that's the end of it as far as her employer is concerned. They cannot require anyone no longer employed by them to attend any meetings whatsoever.



A previous employer with any sense at all will not give a "derogatory" reference, they will simply decline to give a reference.

Answer 3

It may not be what you want to hear, but your employer is right. You must attend the meeting, or you will automatically receive a summary dismissal, as you failed to attend a disciplinary meeting. The fact that you resigned won't have any effect.

Answer 4

did nt think employers were allowed to sack you just like that for any reason now ,i would check it out but unless the situation has been going on with your mate over a period of 3 month ,and the same situation has happened b4 with her they cant just sack her unless she wacked the boss but why is your mate saying she even worked way the company in the first place i wouldn't and its none of there Business (the agencies were she worked) it will only cause hassle ,i would just say i was having time off instead of saying i worked for them at all

Answer 5

Did they earn the retirement they're amassing? convinced. is operating for the state after retirement unlawful? No. is operating for the State interior an similar interest after retiring from that interest unlawful? No might want to it? Now it really is the question. do you need to have the ability to retire faster or later from a interest then be rehired into an similar interest? No