Can one resign before an investigation starts?

[jonesjones]

Hi,

I had some troubles last year but managed to come through.

Now a colleague is in a similar boat. His employer has approached him and asked him questions about an incident. The incident is viewed as potental gross misconduct. He has spoken to his line manager and he has 'got it out' of her off the record that a decision has been made that he will be sacked for this incident.

He has not yet received his notice of investigation letter and is not formally under investigation just yet.

My questions are

- can he resign immediately?
- is his manager able to refuse his immediate resignation?
- can the investigation still proceed post his immediate resignation?
- can he broker a deal between him and his manager for a compromise agreement where he walks and they drop everything?
- what likelihood is there for a compromise agreement being reached before formal proceedings have begun, or can this only be agreed post formal investigation notice?

Also

He was told off the record that he will be given 48 hours notice of a disciplinary meeting.. but it seems his manager hasnt built a file against him yet, other than the incriminating text he sent to a client. Surely they would need a more thorough investigtion i.e. speak to the client in question who received the text and other parties to the deal he was involved in before dismissing?

Thanks for your help!!!

[bluebottle]

Re: Can one resign before an investigation starts?

Hi and welcome to Legal Beagles.

What does this incident involve, please?

[Inca]

Re: Can one resign before an investigation starts?

Well,,yeah,,he can ,,but that will look like an admission of guilt methinks

[jonesjones]

Re: Can one resign before an investigation starts?

he sent an inappropriate text to his client seemingly favoring him over another client on a property deal. The chap he 'favored' ended up not winning the deal and then made a complaint about my colleague that he had been mistreated. It escalated from there to where we are now.

[charitynjw]

Re: Can one resign before an investigation starts?

Hi,

I had some troubles last year but managed to come through.

Now a colleague is in a similar boat. His employer has approached him and asked him questions about an incident. The incident is viewed as potental gross misconduct. He has spoken to his line manager and he has 'got it out' of her off the record that a decision has been made that he will be sacked for this incident.

He has not yet received his notice of investigation letter and is not formally under investigation just yet.

My questions are

- can he resign immediately? As others have said, it insinuates guilt.
- is his manager able to refuse his immediate resignation? If you mean, can the manager force him to go in to work? - no
- can the investigation still proceed post his immediate resignation?If he refuses to participate, how else can they investigate? I would think, though, that they would 'read between the lines'.
- can he broker a deal between him and his manager for a compromise agreement where he walks and they drop everything? What 'deal'? what would he have to offer that would be advantageous to the employer?
- what likelihood is there for a compromise agreement being reached before formal proceedings have begun, or can this only be agreed post formal investigation notice? See above answer.

Also

He was told off the record that he will be given 48 hours notice of a disciplinary meeting.. but it seems his manager hasnt built a file against him yet, *other than the incriminating text he sent to a client. Surely they would need a more thorough investigtion i.e. speak to the client in question who received the text and other parties to the deal he was involved in before dismissing?

Thanks for your help!!!

*I would imagine that the reason for the investigation is for bringing the firm into disrepute, as well as potentially causing significant commercial harm.
& all the employer needs is 'reasonable suspicion' - there is no law which states that the employer has to provide work; the law is to prevent unfair/wrongful dismissal.

[Inca]

Re: Can one resign before an investigation starts?

How long has he worked there? Is he in a union?

[bluebottle]

Re: Can one resign before an investigation starts?

If this inappropriate text message had the effect of putting the employer in breach of the law, then I can understand the employer's viewpoint.

[CleverClogs]

Re: Can one resign before an investigation starts?

*I would imagine that the reason for the investigation is for bringing the firm into disrepute, as well as potentially causing significant commercial harm.
& all the employer needs is 'reasonable suspicion' - there is no law which states that the employer has to provide work; the law is to prevent unfair/wrongful dismissal.

Has Eloise01 actually died and are you channelling her ghost?

[charitynjw]

Re: Can one resign before an investigation starts?

Has Eloise01 actually died and are you channelling her ghost?

Exactly what are you proposing, CC?

[Inca]

Re: Can one resign before an investigation starts?

If OP has been employed for less than 2 years then it's case closed

[CleverClogs]

Re: Can one resign before an investigation starts?

Exactly what are you proposing, CC?

There seemed to be a similarity of opinion.

Has anyone seen Eloise01 and charity posting at the same time?

Just asking...

[charitynjw]

Re: Can one resign before an investigation starts?

There seemed to be a similarity of opinion.

Has anyone seen Eloise01 and bluebottle posting at the same time?

Just asking...

Too late, CC!.........................^^^^^^^^

:biggrin1:

Has your jacket got a felt collar, CC? msl:

[CleverClogs]

Re: Can one resign before an investigation starts?

Call it a "senior moment"...

[CleverClogs]

Re: Can one resign before an investigation starts?

You are Eloise01 and I claim the News Chronicle Prize!

[charitynjw]

Re: Can one resign before an investigation starts?