Resign or face disciplinary

[Unicorn21]

Hi posting for advice for a colleague.

My colleague is facing disciplinary action for what the employer is calling a breach of confidentiality.

I can't really go into details however the basics are that employer put a student on placement at risk due to not giving her certain information regarding a client and my colleague told the student this information.

When my colleague mentioned to a supervisor that she had passed on this information it was reported to management and she was told the manager would be speaking to her regarding this but it would just be an informal chat.

Last week the manager spoke to her and told her he would have to start the disciplinary procedure so to either get representation or resign immediately (he is giving her a week to decide)

Colleague was offered a new job the day after this meeting so is leaning towards resigning, I personally would fight it as they are in the wrong for putting student in such a risky situation and I'm not actually sure why the student wasn't allowed to be informed, they say it's because she is not an actual employee so did not have a right to know this confidential information but as I say due to not knowing she was put at risk.

So as I say colleague is thinking to resign immediately what does she need to consider with this? As far as I know new job hasn't got references yet so how can she ensure resigning won't affect this or future references? also by resigning how can she ensure no action is taking at a later date as I have heard stories of this happening then the person receiving notification of disciplinary after they have left? Anything else she should consider with regards to resigning in these circumstances?

[ULA]

How long has your colleague been employed by the company?

If your colleague has been given the option by the manager to resign then that gives her an opportunity to ask about the status of any reference that would be provided to a new employer. Your colleague may be able to request that at best a neutral reference is provided i.e. just confirmation of dates of employment, job title maybe salary and sickness record if appropriate and that any reason for leaving is stated as resignation.

In regard to the process given what the manager has said it is doubtful that they would continue with the disciplinary action, however if they did then the company would be limited to complete the process in the time of your colleague's notice period. The only reason for doing this would be that the company could come to a decision of gross misconduct leading to summary dismissal which may allow them not to pay any notice period due to your colleague.

Hope that makes sense but just pop back and ask any more questions you/your colleague may have.