Resigning whilst under investigation

[Guest]

Hello, so I am currently suspended from work (a bank) since last week I have had nothing in the post or any letters to state this, I had a suspension meeting, now to cut a long story short I accepted a gift from a customer and didn’t declare it which is going down as gross misconduct and I will more than likely get sacked, now I have a friend in the same bank and her manager (not my own) he is trying to help me as he knows nothing was malicious with this, is saying I should resign with immediate effect although my reference will say I left pending investigation.. now is that worse than waiting to be sacked? And have dismissed for gross misconduct on my reference? I have an interview for another role coming up and I am planning on being honest about the situation (genuine mistake) what would be the best thing to do, hand in my notice with immediate effect and hope my manager accepts it or she may make me wait the 4 weeks and sack me anyway, please help I have never been in this position before and I appreciate it’s a silly mistake to make (I have learnt my lesson) just want to move on now

[ULA]

You have an number of things to consider here, so I will give you all the option to think about.

The outcome of the investigation and period of suspension has a couple of options either the investigation does not find that the allegations are upheld and you can return to work or there is sufficient evidence for the company to consider some form of disciplinary action and you will be asked to attend a disciplinary meeting. If the former happens then nothing will go on your record and therefore any reference should just state that you resigned as your reason for termination.

If the latter happens and you decide to resign during the disciplinary process one of several things could happen:

1. The company could still go ahead with the disciplinary process since if you are found to be guilty of gross misconduct you could be summarily dismissed, meaning the company would not have to pay your notice. This means that your reference will reflect your employment was terminated on the grounds of gross misconduct.
2. The company could accept your resignation, not continue with the disciplinary and if they did not want you to work your notice due to the circumstances, then if their is a pay in lieu of notice clause in your contract, they could choose to do this. However again depending on how the company felt and what was asked in the reference they may refer to the fact that disciplinary action was pending but you resigned instead.

The decision as to what action you take has to be down to you but hopefully with all the possible options given you can make the choice you feel is best to allow you take the lesson you have learnt and move on.

If you have any further questions then you will need to register and then you can pop back to this thread and post.*


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[Saramj]

Hi Ula, I am the original poster, I do want to leave the company anyway I have been thinking about it for a long time, a manager from the same company is telling me I should just quit with immediate effect as this will look slightly better than being dismissed, now I know I will get sacked and he is also adamant of this due to the nature of the business and the gross misconduct, I have made a mistake and like I said previously just want to move on, I am leaning towards handing my notice in and then explaining to any future employees the situation, I know many may not employ me due to this but what’s done is done, just don’t want to sit at home waiting for an answer that’s all, would rather be looking for alternative work and move on.

thank you for your reply*

[ULA]

Hi, as you say you cannot take back what has happened. All you can be is honest as you start interviewing with prospective new employers and I am sure they will understand that you have learnt from this.

I wish you the best of luck in your job hunting