Suspension , not working notice , references, PLEASE HELP

[Evelynhk]

hey!
On monday I was taken into an office at work and advised I would be suspended for gross missconduxt pending investigation for 5 days.
this was due to an allegation of having made unauthorised outbound calls .
i know for a fact they will dismiss me so I landed an interview on the Tuesday and subsequently been offered the position at a new company.
however they want me to start on April 1st which would fallwithin my notice period.
can I resign with immediate effect while suspended?
If so should I do it now or give them until the end of my 5 day period?

And should I be worried about references ?

please help as I simply can not afford to wait for the inevitable sacking before looking for employment

[james_law]

How do you know you will be dismissed, is this because the allegations are true?

You could leave within your notice period but I would look at your contract to find out if there are consequences in doing so. At the very least if you owe them money by leaving early they have a right to have this paid pack or deducted.

In terms of references, a previous employer can just refuse to provide a reference but if they choose to provide one it must be fair and truthful.

[Evelynhk]

I believe it will lead to dismissal as the company unfortunately has a history of dismissing employees fairly rapidly , my superior and I have always gotten on wel , however the Friday before , he made some very inappropriate comments of a sexual nature and I asked him not to and the next working day I am suddenly suspended pending investigation. Now I am not looking to go down the route of unfair dismissal , as I advised I have a new company who is happy to have me start on the 1st of April.

Ive just never been suspended before and I am unsure whether it is better for me to wait for a decision which I was told I would have by Friday, or resign now.
im not looking for a payout nor am I particularly after getting outstanding holiday allowance paid.

i want as clean as possible break so I can start new employment

any help would be great

[ULA]

There is nothing to stop you handing in your notice and you would serve out your notice period, although it sounds like this would take you beyond 1^st April. However, it does not mean that the employer will stop any investigation or potential disciplinary procedure, should they decide that you should be say summarily dismissed then they can still do so.

So, the choice is either wait for the outcome of the investigation and find out if disciplinary action will be taken or you resign now and see if you can negotiate an early release date in order that you can start your new position. Maybe also see if you can agree a form of reference they would be happy to provide to prospective employers. Even if they agree to provide just basic details such as job title and dates of employment that would be useful.