Disciplinary - Potential Gross Misconduct

[kinzz85]

Hi all,

New member and just hoping to get some opinions on the disciplinary action I found myself in.

I was suspending pending investigation on an allegation made against me by a supervisor on a health and safety breach.

A few facts on the allegation and disciplinary process:

- I have under a years service.
- I was trained on this particular health and safety protocol however spent months training alongside another engineer who hadn’t received his training on it yet so had been accustomed to seeing things done without it.
- The same supervisor who reported me for this breach actually instructed me to repeat it only minutes after catching me to retrieve my tools.
- I went along with the disciplinary process over a period of a couple of weeks whilst suspended however when I went off with work related stress, signed off for 4 weeks by my doctor.
- The last I have heard from work would be three weeks ago when they said they were arranging occupational health, I haven’t heard from my manager or occupational health and my sick line was up on 24/07/21.


I have now secured a new job in the mean time which I will be taking. I’m just not sure how to go about actually leaving this company now? It’s almost as if they have forgot about me. In a way I do want to attend this disciplinary meeting to point out where I feel I have been let down during this process.

Thanks all

[EnglandPi]

Is there a question here or did I miss it?

[kinzz85]

Sorry yes, just reading it back I realise I haven’t made myself clear. As I’m still suspended, but have now secured a new job, should I hand in my notice now or should I request the disciplinary meeting to take place first?

I’m happy to go to it even if it leads to gross misconduct and dismissal but I also realise it may make their decision easier knowing that I’ve handed in my notice. I certainly want to point out where they have failed in all of this, particularly the discrepancy in treatment of how the supervisor was treated for the same health and safety breach. Fully aware he may have just denied that though.

[echat11]

Sorry yes, just reading it back I realise I haven’t made myself clear. As I’m still suspended, but have now secured a new job, should I hand in my notice now or should I request the disciplinary meeting to take place first?

I’m happy to go to it even if it leads to gross misconduct and dismissal but I also realise it may make their decision easier knowing that I’ve handed in my notice. I certainly want to point out where they have failed in all of this, particularly the discrepancy in treatment of how the supervisor was treated for the same health and safety breach. Fully aware he may have just denied that though.

You basically want to leave (new job) and want to know the best way of going about it under the current circumstances (gross misconduct / dismissal).



ULA can provide some more advice.

[EnglandPi]

You next course of action is entirely up you. I cannot advise either way. Im sure you know the situation better than me.

[ULA]

You have under a year's service therefore your employer can effectively "fairly" dismiss you without giving a reason unless it would be for a number of limited reasons including discrimination.

If you have a job that you want to go to then I suggest that you hand in your resignation there is no reason to delay and I am sure you want to put an end to your current situation and start fresh.

If you want to make a point about "where they have failed in all of this, particularly the discrepancy in treatment of how the supervisor was treated for the same health and safety breach" then you can put that into your resignation letter, if that makes you feel better.

Ultimately the decision as to how you want to proceed is up to you but do not delay and miss out on the new job.