Suspended from work

[Drj]

Hi i was called last week by HR to inform me that i was suspended from work as they were investigating a misconduct which i know will end in dissmisal. Im suspended on full pay. I want to know can i now leave with immideate effect or do i have to give notice anyway and the investigation would still continue! Thanks

[Drj]

forgot to say I do have a second job and this employer knows about my sutuation and is happy for me to stay there even if im to be dissmised from my first job. thats why i was wondering if i should just put notice in and leave as i wont need a reference from them.

[ULA]

Yes you can resign whilst you are suspended and then there are two options the company has.

1. The company could still go ahead with the investigation and if the outcome is to take disciplinary action then they can initiated that process, since if you are found to be guilty of gross misconduct you could be summarily dismissed, it would mean the company would not have to pay your notice.

2. The company could accept your resignation, not continue with the investigation and if they did not want you to work your notice due to the circumstances, then if there is a pay in lieu of notice clause in your contract, they could choose to do this.

In regard to the reference if you left under option 1 and if asked the question, then the reason for the end of employment would reflect the fact that it was terminated due to gross misconduct. However under option 2, depending on how the company felt and what was asked in the reference, they may refer to the fact that you resigned whilst suspended.

[Drj]

Thank you for replying as i have a second job and they are happy for me to stay there would it matter what i get as the end result as in dissmisal or resign while suspended as i wont be needing a future refenence off them anyway sorry for asking

[ULA]

In my view best not to have a dismissal on your record if you can avoid it.