Can one resign before an investigation starts?

[jonesjones]

Re: Can one resign before an investigation starts?

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

My colleague has been here just over 12 months. I dont understand what exactly you are referring to.. can you expand?

many thanks for all of your replies

[charitynjw]

Re: Can one resign before an investigation starts?

As he's been in the firm's employ for less than 2 years, he can't make a claim for unfair dismissal.

[wales01man]

Re: Can one resign before an investigation starts?

Is this an estate agent?

[Inca]

Re: Can one resign before an investigation starts?

As he's been in the firm's employ for less than 2 years, he can't make a claim for unfair dismissal.

AWW CHAZ...YOU STOLED MY MOMENT OF GLORY THAT'S ALL I DID KNOW :rofl:

[charitynjw]

Re: Can one resign before an investigation starts?

AWW CHAZ...YOU STOLED MY MOMENT OF GLORY THAT'S ALL I DID KNOW :rofl:

& as you said it in post #10, you get the cup!

:first:

[Inca]

Re: Can one resign before an investigation starts?

& as you said it in post #10, you get the cup!

:first:

Yay!! Go me lol (overslept today,,am all discombobulated)

[leclerc]

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? He can resign giving statutory notice period under his contract
- is his manager able to refuse his immediate resignation? They can still proceed to the investigatory stage and even to a final disciplinary in which dismissal may be on the table.
- can the investigation still proceed post his immediate resignation? See above and yes is the answer
- can he broker a deal between him and his manager for a compromise agreement where he walks and they drop everything? Depends on whether the company see the issue as a form of gross misconduct, so much so that the investigation must continue on.
- 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? I doubt there is room for compromise if the manager has followed the letter of the law.

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?
He needs to look at his contract of employment and possibly employee handbook. Many firm will state that you will have 3 working days notice of any final disciplinary meeting where all evidence that they are relying on is given to the employee so that they can form a defence.
Thanks for your help!!!

No probs and see above.

[teaboy2]

Re: Can one resign before an investigation starts?

I think what everyone has missed here is that the Employees Manager in formed the employee informally that he/she will be sacked for this, despite no investigation as yet being started. That is a big NO NO, as the investigation must be unbiased, problem is did the manager put it in writing, which i doubt they did, so its likely a no win situation unless the manager is willing to stick up for the employee, but then she/he would be putting her/his own job on the line, so very unlike they will stick up for him and admit what they had told the employee.

Though if the worse comes, theres no reason why the employee can not appeal on the grounds the decision to dismiss him/her was already made prior to the investigation. Though its a long shot since the employee doesn't have it in writing what the manager told them.

Also if she/her resigns now, it won't effect her/his future job prospects either. And who cares if it looks like and admission of guilt to the current employer, he/she won't be working for them anymore anyway. If he/she puts in her resignation letter that they are resigning due to the decision to dismiss him/her already has been made prior to an unbiased investigation taking place, then the employer will likely be more worried about any claim being issued against them - Though the employee would have little chance of winning the claim

Ultimately we need to know precisely what was said in that text message and if the employer has proof that said text was sent/received - Ask for the evidence, as that must be shown to you in the investigation. Yes they can discipline you on suspicion alone, but they would need the evidence to support their suspicion, hear say alone is not enough, so one persons complaint and no prove of the text message being sent or received is not enough in my book to warrant a dismissal - As the complaint could just as well have been made out of spite by a sore loser.

[Inca]

Re: Can one resign before an investigation starts?

Future Employer...........'why did you quit your last job?'
Employee......................'well,,I found out on the quiet I was gonna be sacked so I jumped before I was pushed'
Future Employer...........'so,you went through the disciplinary procedure,not relying on gossip'?
Employee.......................'well,,No'
FE....................................So you walked out not knowing if a disciplinary was even planned'?
Employee........................Well,,yeah'
FE.....................................We'll let you know,,Thanks..........................NEXT

[CleverClogs]

Re: Can one resign before an investigation starts?

Does he even know that the version of the message seen by his employer was actually what he sent?

[teaboy2]

Re: Can one resign before an investigation starts?

Future Employer...........'why did you quit your last job?'
Employee......................'well,,I found out on the quiet I was gonna be sacked so I jumped before I was pushed'
Future Employer...........'so,you went through the disciplinary procedure,not relying on gossip'?
Employee.......................'well,,No'
FE....................................So you walked out not knowing if a disciplinary was even planned'?
Employee........................Well,,yeah'
FE.....................................We'll let you know,,Thanks..........................NEXT

But who would even be stupid enough to be so honest? The employee in question could simply say they no longer felt happy in their last job and decided that they needed a change - Which isn't a lie itself, just a deflection i.e. A way of stating a fact without revealing the reason why they were not happy (prior to starting my own business, i used to do it myself when being interviewed about why i left my last job, and was never questioned further about it, its not like its a spent or unspent criminal conviction they are asking for - I certainly would not be happy if i was told i was to be dismissed prior to any unbiased investigation based on 1 persons complaint that came as a result of them being a losing out.

With regards to current situation - Its vital we know exactly what was said in this so called text message as that could be the key to solving this issue!

[teaboy2]

Re: Can one resign before an investigation starts?

Does he even know that the version of the message seen by his employer was actually what he sent?

Was it even seen by the employer or just "hear say" version of the alleged text (and not what was actually stated in the text) made in an allegation that was made in a written or verbal complaint?

[Inca]

Re: Can one resign before an investigation starts?

I take your point Teaboy,I just think that in todays market,references will be sought and OP's reasons for quitting are built on blancmange.

[teaboy2]

Re: Can one resign before an investigation starts?

I take your point Teaboy,I just think that in todays market,references will be sought and OP's reasons for quitting are built on blancmange.

True, but would an employer that has already decided to dismiss the employee in question, prior to starting disciplinary procedures, want to mention that as being why the employee resigned? - It wouldn't look good on the employer themselves if they did, and would likely help the Employee in getting a new job as the new Employer would see the old Employer as acting unfairly.

I think at the moment though we should find out what was in the text message and then based on how damaging or innocent the content of that text is, decide whether the Employee should wait to see if an investigation is started or not!

[leclerc]

Re: Can one resign before an investigation starts?

I think what everyone has missed here is that the Employees Manager in formed the employee informally that he/she will be sacked for this, despite no investigation as yet being started. That is a big NO NO, as the investigation must be unbiased, problem is did the manager put it in writing, which i doubt they did, so its likely a no win situation unless the manager is willing to stick up for the employee, but then she/he would be putting her/his own job on the line, so very unlike they will stick up for him and admit what they had told the employe

I kinda agree with you in part but I suspect the chat was the beginning of the investigatory part of it. The question of whether or not a decision has been made already prior to any formal chat with a note taker as part of the formal investigatory meeting is hearsay. The employer could deny it and there is nothing in writing so I doubt that it would stand up to scrutiny.

Though if the worse comes, theres no reason why the employee can not appeal on the grounds the decision to dismiss him/her was already made prior to the investigation. Though its a long shot since the employee doesn't have it in writing what the manager told them.

Also if she/her resigns now, it won't effect her/his future job prospects either. And who cares if it looks like and admission of guilt to the current employer, he/she won't be working for them anymore anyway. If he/she puts in her resignation letter that they are resigning due to the decision to dismiss him/her already has been made prior to an unbiased investigation taking place, then the employer will likely be more worried about any claim being issued against them - Though the employee would have little chance of winning the claim
Providing that during that period of notice that the firm did not commence formal investigation procedures because the reference can state that they resigned whilst under investigation albeit the content of that investigation could not be disclosed.
Ultimately we need to know precisely what was said in that text message and if the employer has proof that said text was sent/received - Ask for the evidence, as that must be shown to you in the investigation. Yes they can discipline you on suspicion alone, but they would need the evidence to support their suspicion, hear say alone is not enough, so one persons complaint and no prove of the text message being sent or received is not enough in my book to warrant a dismissal - As the complaint could just as well have been made out of spite by a sore loser.

I kinda agree with the last point you've made cos we are speculating on the basis that they "might" be an investigation and disciplinary meeting which has yet to commence.