Resigning under investigation

[gthampgt]

Re: Resigning under investigation

I guess that's why I was asking if I resign then my references would say resigned under investigation rather than dismissed, if that's the way it went

[Openlaw15]

Re: Resigning under investigation

I guess that's why I was asking if I resign then my references would say resigned under investigation rather than dismissed, if that's the way it went

It's not likely the company will accept your resignation if there is fraud involved: gross misconduct of a serious type. The police will get involved if the employer/ worker calls them. Fraud is very wide but it generally means either a lie for your gain or the company's loss.

[gthampgt]

Re: Resigning under investigation

I know. I have looked at previous threads and seen sometimes people say not saying anything is better than saying something as words can be twisted. I can comfortably say I can account for everything done however I know it can be seen differently through someone else's eyes

[Openlaw15]

Re: Resigning under investigation

I know. I have looked at previous threads and seen sometimes people say not saying anything is better than saying something as words can be twisted. I can comfortably say I can account for everything done however I know it can be seen differently through someone else's eyes

It's not fraud if you've done nothing wrong. Not saying anything ie omissions, can however imply guilt by silence. The nature of a disciplinary hearing is to establish the truth ie whether gross misconduct is proven, and not to establish whether the employee is guilty of something. Stick to the question asked like glue. If you're asked a direct question give them a direct answer. If the answer is incriminating, try to avoid by answering the question broadly. Do not volunteer more than you need to especially if you know they're trying to entrap you. Take notes when the employer/ HR/ other senior staff are making statements. Then you can come back to these later. This is why you need someone there helping you - you can't be expected to follow the lines of enquiry and make notes to critique the employer, at the same time.

[gthampgt]

Re: Resigning under investigation

I think what's worrying me the most is that basis of probability. they don't have to prove it they just have to show on basis of probability. I agree there are times when I have had to do things not completely within the rules. pushed to get all things done and then use intuitive ways to achieve these. which yes I would say not as company procedure but never in a situation where I personally feel I have done anything wrong

[charitynjw]

Re: Resigning under investigation

I think what's worrying me the most is that basis of probability. they don't have to prove it they just have to show on basis of probability. I agree there are times when I have had to do things not completely within the rules. pushed to get all things done and then use intuitive ways to achieve these. which yes I would say not as company procedure but never in a situation where I personally feel I have done anything wrong

Balance of probabilities means that it is more likely than not that the complained-of thing occurred. It does not require the criminal standard of beyond reasonable doubt (virtual certainty).

Dismissal is termination of employment, with or without notice. (depending on the circumstances).
https://www.gov.uk/dismissal/overview

[gthampgt]

Re: Resigning under investigation

and that's the thing I am worried about. I want to just leave and then deal with the other elements knowing I don't feel I have to contact and speak to work which makes me more stressed as they have been contacting me quite frequently. tried to keep it together and helped another friend at his work to keep my mind of things but want to leave now. I know couldn't be the end of it but may take some weight off shoulders

[charitynjw]

Re: Resigning under investigation

and that's the thing I am worried about. I want to just leave and then deal with the other elements knowing I don't feel I have to contact and speak to work which makes me more stressed as they have been contacting me quite frequently. tried to keep it together and helped another friend at his work to keep my mind of things but want to leave now. I know couldn't be the end of it but may take some weight off shoulders

It must be upsetting to have this hanging over you, but it might help to consider the employer's dilemma.
They have presumably been informed or have found out in some way, that a potentially serious situation has occurred.
They are bound to want to investigate and, if necessary, decide on both disciplinary action, as well as informing the police.
Btw, what contractual notice period is there for normal resignation/dismissal? (If not, statutory notice will apply)

[leclerc]

Re: Resigning under investigation

Would dismissal have an impact on any of the offers you already currently have?

[gthampgt]

Re: Resigning under investigation

the notice period is 4 weeks but know some people have resigned immediately

- - - Updated - - -

not that I am aware of.

[charitynjw]

Re: Resigning under investigation

I don't think that you can make a claim for unfair dismissal which is based on the fact that you are facing, or could be facing, a disciplinary. (though unfair constructive dismissal may be possible for other reasons).

& if you resign, I think you also forego 'unfair dismissal.

It may be an idea to have a chat with ACAS.

Why not try a deal?; you will resign with pay in lieu of notice & a decent reference.
You are confident that the investigation will completely exonerate you, but you feel that trust has been completely destroyed.
They can dispense with the expensive disciplinary, & the grievance complaint which you are currently seeking advice about. :tinysmile_twink_t2:
Everyone's a winner; it doesn't hurt to ask!

[gthampgt]

Re: Resigning under investigation

oh I don't want the constructive dismissal part not bothered about the money as just called one of the offers and they said they will start me in a week just want to be rid of it

[Openlaw15]

Re: Resigning under investigation

Balance of probabilities means that it is more likely than not that the complained-of thing occurred. It does not require the criminal standard of beyond reasonable doubt (virtual certainty).

Dismissal is termination of employment, with or without notice. (depending on the circumstances).
https://www.gov.uk/dismissal/overview

Hi Charity. From what I remember, beyond reasonable doubt does not mean virtually certain. It means if there was something to cast a shadow of doubt there can be no conviction. So reasonable doubt means there must not be anything that casts a shadow of doubt, I believe. If there is nothing that causes doubt it's beyond reasonable doubt.

[gthampgt]

Re: Resigning under investigation

which is why part of me thinks there could be some doubt so if police involved they want my side. but I don't want to say things with my head not right which could make it worse

[charitynjw]

Re: Resigning under investigation

Hi Charity. From what I remember, beyond reasonable doubt does not mean virtually certain. It means if there was something to cast a shadow of doubt there can be no conviction. So reasonable doubt means there must not be anything that casts a shadow of doubt, I believe. If there is nothing that causes doubt it's beyond reasonable doubt.

Lol!........pedant! :taunt: