Resigning under investigation

[gthampgt]

Hi
I would love some advice.
I recently went on holiday and was due to go back to work and when I called my work my colleague told me that there were rumours going around and that I had been sacked. it put me in a bad place as I have a great record at work with no history of any disciplinary procedures against me.
my mind was going crazy as to why and my doctor signed me off work. after a few weeks my employer contacted me to meet and discuss my absence. I met in a neutral location and they informed me that I was being investigated for some incidents and that the police were involved. as you can imagine that just made my head worse. I am struggling with it and just want to leave. I know a bit head in the sand but I can't be doing with the stress and anxiety.I am more concerned about why they said police involvement if I have not been investigated. I was asking can I resign and then what are then when would the police contact me?

[charitynjw]

Re: Resigning under investigation

Hi gthampgt & welcome to LB.

Were you sacked or not, & if yes, when? (in relation to your being on holiday?)
(From your post it seems as if you're still employed but off sick atm; is that correct?)

Just to be clear, how long had/have you been working there?

[gthampgt]

Re: Resigning under investigation

Hi not been sacked still employed and have been in their employment for 10 years

[charitynjw]

Re: Resigning under investigation

Are you signed off as sick, or have you returned to work?

Is there any written communication, or is it all verbal?

[gthampgt]

Re: Resigning under investigation

yes the doctor signed me off with stress at work. it was only last night they sent me a letter to invite me for an interview

[charitynjw]

Re: Resigning under investigation

Is this a 'return to work' type meeting, or does it involve the investigation for wrongdoing?
If the latter, as it impinges on disciplinary, you may have the right to be accompanied. (Work colleague or union rep).
(Btw, if there is possible police involvement, would it be fair to assume that gross misconduct is on the table?)

[gthampgt]

Re: Resigning under investigation

Hi
It is an investigatory meeting they want me to attend which I wasn't sure they could ask if off sick and yes they are saying gross misconduct as said possible fraud

[gthampgt]

Re: Resigning under investigation

I was confused as they said police involvement in was thinking how can they be involved if they haven't even investigated me so made me worry more

[Openlaw15]

Re: Resigning under investigation

I was confused as they said police involvement in was thinking how can they be involved if they haven't even investigated me so made me worry more

If you go to the disciplinary hearing, you're allowed to be represented by law. Do you have anyone representing you at the disciplinary hearing? Police only get involved if the employer reports you to the police. By law, the employer has to follow a clear procedure.

[gthampgt]

Re: Resigning under investigation

at the moment they said all they are waiting for is for myself to be interviewed and of honest not in the right frame of mind. plus it has annoyed me that this is happening i wouldn't want to go back to work for the company. that is why I just want to leave as it will always be in back of my mind. never had time off for sickness as well so I am just getting worked up. part of me just wants to hand my notice in and if they have the police involved in would prefer to deal with them

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sorry I have no one representing me as part of me knows I have nothing to hide so don't want anyone. I have tried to piece parts of what they are saying from memory and know I can explain it but I remember recently from a meeting we had they said no it is based on balance of probability. so I am feeling if this is being brought against me then they are looking to dismiss

[charitynjw]

Re: Resigning under investigation

If you go to the disciplinary hearing, you're allowed to be represented by law. Do you have anyone representing you at the disciplinary hearing? Police only get involved if the employer reports you to the police. By law, the employer has to follow a clear procedure.

at the moment they said all they are waiting for is for myself to be interviewed and of honest not in the right frame of mind. plus it has annoyed me that this is happening i wouldn't want to go back to work for the company. that is why I just want to leave as it will always be in back of my mind. never had time off for sickness as well so I am just getting worked up. part of me just wants to hand my notice in and if they have the police involved in would prefer to deal with them

- - - Updated - - -

sorry I have no one representing me as part of me knows I have nothing to hide so don't want anyone. I have tried to piece parts of what they are saying from memory and know I can explain it but I remember recently from a meeting we had they said no it is based on balance of probability.
Correct, but they do have to investigate fairly based on a reasonable belief, & carry out a proper disciplinary procedure.
so I am feeling if this is being brought against me then they are looking to dismiss

I would suggest a visit to CAB, with a view to engaging a solicitor, certainly if police are to be involved.
In some instances, a solicitor can represent at a (civil) disciplinary matter.
If you resign, it may impact on your ability to claim benefits.

[Openlaw15]

Re: Resigning under investigation

at the moment they said all they are waiting for is for myself to be interviewed and of honest not in the right frame of mind. plus it has annoyed me that this is happening i wouldn't want to go back to work for the company. that is why I just want to leave as it will always be in back of my mind. never had time off for sickness as well so I am just getting worked up. part of me just wants to hand my notice in and if they have the police involved in would prefer to deal with them

- - - Updated - - -

sorry I have no one representing me as part of me knows I have nothing to hide so don't want anyone. I have tried to piece parts of what they are saying from memory and know I can explain it but I remember recently from a meeting we had they said no it is based on balance of probability. so I am feeling if this is being brought against me then they are looking to dismiss

Tell them to choose an employee (worker) to represent you. Do you have any friends/ colleagues at the company? Are you a member of a Union, also?

[gthampgt]

Re: Resigning under investigation

unfortunately not in the union. if the police are involved would they contact me?
could I just hand my notice in and go from there? I think they will look at holding meetings in my absence.
before I went off I had some job offers to which I just want to accept and move forward from there.

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I think with reasonable belief is what's worrying me as I have conducted these meetings myself and know how they go.
benefits is not an issues as I have had job offers constantly but I never take them up as remain loyal but now i just want to move on and leave and go from there.

[charitynjw]

Re: Resigning under investigation

unfortunately not in the union. if the police are involved would they contact me? Very likely.
could I just hand my notice in and go from there? See above.
I think they will look at holding meetings in my absence. They can do so, as any investigation by the employer needs to be timely.
before I went off I had some job offers to which I just want to accept and move forward from there.
Difficult with this in the background.

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I think with reasonable belief is what's worrying me as I have conducted these meetings myself and know how they go.
benefits is not an issues as I have had job offers constantly but I never take them up as remain loyal but now i just want to move on and leave and go from there.
Again, with the current problem in the background, you may have problems, especially if the job offers involve fiduciary elements.

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[gthampgt]

Re: Resigning under investigation

the job offers are from people I used to work with and they have always asked me to join them. I had interviews and everything earlier on in the year. I spoke to 2 of them and they have said not a problem and I have been accepted for them it was just waiting for me to accept.