Resigned or Dismissed ?

[Negativepitch]

In 2011 I was involved in an incident with a previous employer, I resigned from my post which was accepted, however I was informed that it was classed as gross misconduct and a hearing would still go ahead regarding me.
I was given the opportunity to attend, which I did not as I was off for a year with a breakdown following it, and I felt that I had resigned anyway.
The decision was to dismiss me in my absence, which I was informed of in writing.
I received a letter from the Disclosure and Barring Service recently, informing me that I had been referred to them from my previous employer, and after investigating it they had decided that it was a quick close case, and that they did not think it was appropriate to include me on the list.
In the letter from the DBS it stated that they had been informed that I resigned from my post, I rang them to inform them that I had been dismissed as informed from my previous employer just incase they needed to amend their records.
They informed me that they go back to the first piece of information supplied and that the information they had was that I resigned.
I have also been informed from my previous employer that any references if asked, would state that I was dismissed for gross misconduct,
so where do I stand ? If I resigned and it was accepted, but a hearing went ahead anyway, did I resign or was I dismissed ?
Also if the letter from the DBS stated that they were informed that I resigned, was this incorrect information supplied to them, and if so, where do I stand with it?
I wrote a letter to my previous employer last month asking these questions, and I have had a reply today saying that, yes I did resign, but they thought it as very serious, and as such decided that as I had resigned before the disciplinary hearing was set up to proceed with the hearing in my absence.

As far as the referral to the DBS the letter from my employer to my questions states, The referral was made on the decision, that had I not resigned from my employment, the hearing outcome was that my employment would have been terminated.
If this is the case as stated above , my previous employer states again that I resigned.


Many thanks for any replies and advice.

[bluebottle]

Re: Resigned or Dismissed ?

Hi and welcome to Legal Beagles.

I will bump this thread for one of our employment law experts to look in and advise. Are you in England/Wales or Scotland?

:bump:

[Negativepitch]

Re: Resigned or Dismissed ?

Hi and welcome to Legal Beagles.

I will bump this thread for one of our employment law experts to look in and advise. Are you in England/Wales or Scotland?

:bump:

Hi, thanks for the Bump, Im in Wales, Im off to alter my profile now.

[bluebottle]

Re: Resigned or Dismissed ?

Okay, thanks. Hopefully, one of our employment law experts should be along soon to help you.

[Eloise01]

Re: Resigned or Dismissed ?

Assuming that your employment actually terminated before the hearing, then the employer could not have dismissed you if they had accepted your resignation and you were not in your notice period. However, there was nothing to prevent them from going ahead with a hearing into the incident - in other words, a hearing rather than a disciplinary. In terms of a reference, and the field of work (something involving the DBS - it doesn't matter what) then to some extent the matter of whether you resigned pending a disciplinary for gross misconduct, or were dismissed is probably somewhat moot, since neither are going to stand to in good stead for future employers. True or not, the assumption employers make is that a resignation in these circumstances is confirmation of guilt. It is something that you are going to have to disclose and explain, so I would suggest that the focus of your attention would be better placed on how you are going to do that effectively.

[Negativepitch]

Re: Resigned or Dismissed ?

Assuming that your employment actually terminated before the hearing, then the employer could not have dismissed you if they had accepted your resignation and you were not in your notice period. However, there was nothing to prevent them from going ahead with a hearing into the incident - in other words, a hearing rather than a disciplinary. In terms of a reference, and the field of work (something involving the DBS - it doesn't matter what) then to some extent the matter of whether you resigned pending a disciplinary for gross misconduct, or were dismissed is probably somewhat moot, since neither are going to stand to in good stead for future employers. True or not, the assumption employers make is that a resignation in these circumstances is confirmation of guilt. It is something that you are going to have to disclose and explain, so I would suggest that the focus of your attention would be better placed on how you are going to do that effectively.

Many Thanks for the reply.
I was in my notice period.
As far as disclosing with any future employers, does this also mean disclosing the referral to the DBS?, as when I asked when I rang them, they informed me that any searches would not show up as anything, as I am not on any barring list, and would not stop me from seeking work in the community for example.

[Eloise01]

Re: Resigned or Dismissed ?

If the hearing took place during your notice period then any dismissal during that period would stand as a dismissal. Although it is rather moot, as I said.

In terms of what the employer discloses, provided what they say is truthful, then they can say what they wish. So they could choose to say that they had made a referral, but that does not mean that they will. You need to be realistic that you may not be prevented from seeking work in the community or with vulnerable groups, but that is a long way from expecting being offered such work as a realistic position, unless you are able to provide a very convincing explanation for the termination of your last employment. There are many people seeking employment and many to choose from - and employers are less willing to take a chance unless they have a very good reason to do so. You are going to have to provide that reason - or choose work in which a reference from the former employer is not required or not important.

[Negativepitch]

Re: Resigned or Dismissed ?

If the hearing took place during your notice period then any dismissal during that period would stand as a dismissal. Although it is rather moot, as I said.

In terms of what the employer discloses, provided what they say is truthful, then they can say what they wish. So they could choose to say that they had made a referral, but that does not mean that they will. You need to be realistic that you may not be prevented from seeking work in the community or with vulnerable groups, but that is a long way from expecting being offered such work as a realistic position, unless you are able to provide a very convincing explanation for the termination of your last employment. There are many people seeking employment and many to choose from - and employers are less willing to take a chance unless they have a very good reason to do so. You are going to have to provide that reason - or choose work in which a reference from the former employer is not required or not important.

Many Thanks.