Disciplinary or Resignation?

[miliitant]

Re: Disciplinary or Resignation?

[bluebottle]

Re: Disciplinary or Resignation?

Making false allegations as this employer has done is a serious matter. It opens up a can of worms that could come back to haunt him at a later date.

[SusieMM]

Re: Disciplinary or Resignation?

This company has a history of employment issues and has been taken to tribunal on two occasions that I know of. Unfortunately, I wasn't aware of this before taking up post, otherwise I would not joined this company. The thing that has got really under my skin is these recent changes in law, since I've only been there for five months (feels like ten years!). It seems all rights have been removed from employees unless they have two years' employment with a given company under their belt.

[TBR]

Re: Disciplinary or Resignation?

Hi,

This advice seems very good, I understand that timing is imperative. I'm in a similar situation, however I have been made an offer by a prospective employer before I have my hearing (2 weeks before) - which means the prospective employer will seek references before the hearing.

I have two options:
1) Turn down the offer until the hearing is done over with (as the likelihood of dismissal is minimal due to the mitigating factors). This way I remain secured in a role and subsequent movements away will constitute 'standard references'
2) Accept the offer whilst simultaneously handing in my notice. This way I could risk not being accepted by the prospective employer due to the reference stating 'resigned whilst under investigation' and having resigned from my current employer. Therefore jobless.

What would you suggest I do? It's not a nice dilemma. Really appreciate any help here.

[Johnboy007]

Re: Disciplinary or Resignation?

I favour your having a quiet meeting on Monday with the Boss man.
Most companies like a quick and easy solution to the problem.
In my time as a Shop Steward, I often negotiated this 'easy way out for all'.
Your boss may very well let you resign without the need for a disciplinary meeting.
He may want you out quickly, so suggest a weeks notice...
This way, if he is agreeable, then it will better for him, and a lot easier for you.
Unless your current boss is malicious, he may very well accept this.
Do it Monday, and hopefully you will be able to accept the new job on Tuesday.
Good Luck
JB

[Ellette]

Re: Disciplinary or Resignation?

This thread has been very informative (I know it's old but...) I am wondering if I can get some advice as well and maybe some clarification...

Here is what's going on: I am currently on Paid Administrative Leave and an "investigation" is being done. I have a feeling that things are not going to go well because of certain individuals who have been trying to sabotage me all year; also, I feel that the witness reports are not being conducted properly nor consistently...
I do NOT care about getting a reference from this employer; I may be switching career paths altogether after this.... I already have a NEW job set up that will be starting at the end of July (2015). I do not want things going poorly and disciplinary actions being taken that will affect my new job in coming up in a couple months. Is it best to just quit and walk out the door tomorrow? OR put in a two-weeks notice and try to leave peacefully? Will the accusations still go on my record? How do I make sure my record is clean before going to my new job? I just want to make sure I am able to start my new job in July. Any advice would be much appreciated. Thank you!
~Ellette

[teaboy2]

Re: Disciplinary or Resignation?

If you quit the employer can only put that you quit whilst under investigation or whilst pending disciplinary in a reference. They can not state what the accusations are. Because if they did state what the accusations are and should they be false accusations then that would amount to an act of libel.

[Ellette]

Re: Disciplinary or Resignation?

teaboy2, thank you SO much for your quick response! I think you answered my main question...

Which leads me to another question... :tung: I have 2 Options:
1.) Leave now and have "whilst under investigation" on my record... OR
2.) Wait until the process is over which could lead to being fired? sent to court? etc. (or nothing could happen and I go back to my regular job and put in my 2-weeks notice).

If I do Option2, I could always try to appeal the allegations, correct? And, then, if successful, I will not have anything on my record?
Which option is worse? I feel like Option 2 is a lot worse to have on my records... but then again, I've never done this before haha...

[teaboy2]

Re: Disciplinary or Resignation?

Well i can't really answer your second question without knowing the details, i.e. what the allegations where, what led up to the allegations being made and who made them and why they may have made them etc.

Basically all an employer needs to dismiss you is reasonable belief only, though usually supported by the evidence they have. They do not need solid evidence or accurate evidence as they are not a court obviously, so likewise they do not need to prove beyond reasonable doubt etc etc like they do in court. So even if you were dismissed and then tried to appeal, if they still had reasonable belief then your appeal will fail, like appeals usually do, unless you have grounds for unfair dismissal etc.

So for me or others to answer your second question - we need more information. Though as you stated "sent to Court? etc" as part of your question, am assuming you have been accused of a criminal offense?

[Jmc2020]

Re: Disciplinary or Resignation?

Hey guys i have a very similar problem

I reported a picture of my girlfriend with a penis drawn on her face that was taken from her facebook profile and circulated around the factory.

I was away on holiday when it was investigated by my employer (by conducting individual interviews with all staff)

The lads in my workplace hate snitches so i was targeted with a false accusation of racial abuse towards another employee

I was greeted with a suspension with full pay pending investigation. The date of my suspension was 12th may but i wasnt told about the accusation let alone the suspension until 16th of May when i returned to work.

The so called evidence that has been presented is nothing more than the statement of the so called victum of the abuse as well as one witness statement, both statements say that i have said the same thing but i teally havent

I was later called into work to pick up a letter telling me to attend a disciplinary meeting, my employer organised the meeting for Monday 29th May which is a bank holiday, i told him about this on the spot and he crossed it out with a pen and hand wrote Tuesday 30th May and he signed next to that new date and printed his new copy off and had me sign it.

These employees have been bullying and harassing me for years and my employer has been aware and done absolutelly nothing.

In the disciplinary notice letter he wrote:

This is a serious matter and the outcome of this meeting may result in your employement being terminated if the matter of gross misconduct is upheld.

Surely this witness is considdered bias because of my complaint provoaking them? (Sorry about the spelling)

That is the full story in good detail

Can anybody tell me if they have enough to warrent a dismissal?

And have they opened themselves up for legal action?