Suspension but i'm leaving under TUPE

[David717]

Ive been suspended today (for nothing criminal) but i know how to deal with that. My question that i need help with is that i'm on leave for a week, which they'll honour. Then the following week i'm leaving the company under TUPE-what happens to the process then as ill no longer be their employee?

Any guidance gratefully received

[ericsbrother]

They can carry on if the process leads to dismissal. Then they dont have to give you a reference etc. If it is a relatively minor thing they wont go through with much as it can only turn out bad for them with a possible ET claim sounless you think it could harm your prospects I wouldnt bother too much about it. They may be doing this just to get you off the premises until you go.

[David717]

Cheers for that-im not overly concerned as it seems very trivial but I was thinking how it would progress when I no longer will work there and my HR file has already been sent to the new company

[mariefab]

It will be the decision of the new employer once the transfer has taken place.

I can only suggest that you turn up for work on the transfer date and ask what, if anything, the new employer intends to do about the situation.

[Sidewinder]

Beware. The new employer has to take responsibility for any outstanding disciplinary matters, and the old employer has a legal responsibility to pass details on regarding these. The new employer can therefore confirm any suspension as soon as the transfer takes place, and proceed with disciplinary action as if you were still with the previous employer. The matter that you have been suspended for may SEEM trivial, but will the new employer agree with your view? If they don't, and it could be construed as a matter of gross misconduct, or could result in dismissal under any 'totting up' of previous disciplinary action, then the new employer could dismiss.

 

Agree with the above though - you need to present yourself for work and ask how they wish to proceed.