Disciplinary or Resignation?

[SusieMM]

I have been asked to attend a disciplinary meeting with a number of very serious allegations, which are completely false. To cut a long story short, my employer is trying to get rid of me, has colluded with other members of staff and I know that I will not get a fair and impartial hearing.

I believe the disciplinary will result in termination of my employment. Can I resign before the disciplinary? I have only worked there for 5 months, so haveno recourse in the new employment laws to go to tribunal for unfair dismissal.

If I hand in my 1 months’ notice will I still be obliged to go to thedisciplinary meeting?

Please help, the meeting is scheduled for Tuesday morning.

[miliitant]

Re: Disciplinary or Resignation?

have you been given copies of what will be used against you in the meeting

has the employer stated that dismissal may be a result of this disciplinary meeting

[SusieMM]

Re: Disciplinary or Resignation?

Yes on both accounts. Although all completely fabricated charges I feel from the way my boss has treated me recently and discussions with my colleagues (he has a very loose tongue) I am very likely to be dismissed.

[miliitant]

Re: Disciplinary or Resignation?

my advice would be not to resign as it may have an impact on a reference

as you have stated, you have only been employed for a short period of time so the outcome will be a formality

what i would suggest is that if you are realy not happy with this company is put together a letter of resignation. put in it will they consider the resignation with immediate effect and forgoing any notice period. put the reason for the resignation that you feel the job is not for you and that you feel you are unable to give 100%

that way you will not have to appear at the disciplinary hearing and you will get a reference or the employer can put in a reference

resigned under investigation

and you do not want that

[SusieMM]

Re: Disciplinary or Resignation?

Thanks for your advice. I have decided to have a calm word with my boss on Monday morning, telling him that I have decided to resign. I didn't think I needed to say that I would be willing to forgo a notice period, but let him make that suggestion if her feels appropriate. Because he is very underhanded, do you feel I should ask for a letter confirming that they have dropped the disciplinary action? I am wiling just to walk away and get on with my life.

[miliitant]

Re: Disciplinary or Resignation?

just write out your resignation, get a copy and get your company to put a company stamp on your copy as received

that should be enough

[SusieMM]

Re: Disciplinary or Resignation?

I'll do that thanks. But what about the disciplinary. Will he still be able to put " resigned while under investigation"? I want to leave without that haunting me, particularly since the accusations were fabricated.

[miliitant]

Re: Disciplinary or Resignation?

no as you are resigning with his agreement in that you do not have to give any notice period

the resignation will be incompatability for the roll in which you were employed under

thats why i said put it in writing and get a receipt/copy of your letter

it shows you are not just walking out, but by agreement with the employer

[SusieMM]

Re: Disciplinary or Resignation?

Sorry Militant, I am not quite understanding. Ideally, I would like my one months pay in lieu of notice and holidays not taken. However, if he insists I leave without these payments fine, but what guarantee will I have that when approached for a reference he won't put " resigned while under investigation?

[miliitant]

Re: Disciplinary or Resignation?

at the end of the day he can insist that you attend the disciplinary meeting as you are under a contract of employment and have to give notice of termination unless agreed by the employer.

he can still dismiss you at the disciplinary and still give a bad reference
(but must be accurate and factual and not malicious)

your employment can be terminated without notice pay if found to be gross missconduct, or notice pay will be applicable according to your contract of employment, thats is, do you have to give a weeks or months notice

but my stance is allway attend disciplinary meetings, you have nothing to lose in reality, and dismissal may not be applicable as that is the ultimate sanction

[SusieMM]

Re: Disciplinary or Resignation?

My boss has been grooming other staff up the pub at lunchtimes and I am told that I am going to be sacked and it could well be a summary dismissal. I am willing to walk away on Monday, but what reassurance will I have that he will not put on all subsequent references "resigned while under investigation"? Please gIve me advice on this last issue as it is so important. Thanks Militant

[miliitant]

Re: Disciplinary or Resignation?

if you just walk away or do not turn up for work he can put if malicious on a reference

abandonment of duty or resigned while under investigation

it is very rare for these terms to be used though

just go to the meeting is my advice

it will last a maximum of an hour out of your life and you may even get to keep your job.

after the meeting is concluded and you still have a job, then put in your notice and work your notice period as usual

if dismissed for missconduct, you will only lose your notice period pay, not salary allready earned

[SusieMM]

Re: Disciplinary or Resignation?

Thanks for your advice, but it's seems to be done deal. I don't want to waste your time going through it all. What I really want to know is, when I resign properly, what will stop this vicious fellow adding that I resigned when under investigation to references? This is the key issue I need advice on. Thanks

[miliitant]

Re: Disciplinary or Resignation?

if you attend the disciplinary and are dismissed, or resign if you keep your job following the disciplinary

he will not be able to gve you a bad referenccve

only factual such as sickness record, time keeping, promotions etc

[SusieMM]

Re: Disciplinary or Resignation?

Thanks for all your advice Militant, you have been really helpful. I will make a final decision of what to do tomorrow. Thanks again.