Disciplinary Scheduled after resignation notice period

[marsupial888]

Hi Legals!,

I have been with the employer since end of May 2013 and recently had my 6mth probation extended 3mths.

I resigned Fri 20th Dec, by writing, giving 2 wks notice, indicating Thurs 2nd Jan would be my final day.

When I handed the resignation to my boss he said that i would be receiving a letter to my house via courier.

Approx 2hrs later he left a message saying my resignation had not been accepted (which I believe is unilateral and as long as it is given under the terms of contract, can not be 'rejected'?) and I would receive an invitation for disciplinary that evening.

The Disciplinary is for gross misconduct and stipulates a possible outcome is immediate dismissal. The disciplinary date was scheduled Tues 24 Dec. I emailed that was insufficient time to organise a union rep and suggested 2 dates a few days after. Work responded and set an alternative later date of Jan 3.

My question is: if i submitted my resignation in line with the contract, must it be accepted - and given this is correct, if i receive notive of a disciplinary where the date is set outside of the 2 wk notice period, does that mean I am no longer an employee at the time of the disciplinary and do not have to attend/the disciplinary will not go ahead?

I am concerned for any implications that would be on a reference.

Many thanks

[leclerc]

Re: Disciplinary Scheduled after resignation notice period

Was your resignation in writing and was their decision not to accept it in writing?

[leclerc]

Re: Disciplinary Scheduled after resignation notice period

Scrap that, they cannot stop you resigning and so therefore you should reiterate that you are resigning within your contractual notice and therefore will not be attending any meetings with them.

Source: https://www.gov.uk/handling-staff-resignations

[leclerc]

Re: Disciplinary Scheduled after resignation notice period

I think that the two week notice period INCLUDES 3rd January 2014. However, they have to provide all evidence to you that they are bringing into the meeting, giving you the requisite number of days to be able to form a defence and that might be within your contract. I'm afraid I think that they might be right.....

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

Yes - resignation was in writing
No - their decision not to accept it was via a message left verbally on my mobile

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

1. If i understand you - because the disciplinary was commenced within the notice period, i would be required to deal with it? (regardless of alternative date set later)

2. I am of the opinion that my employer will find a decision of gross misconduct and I will be dismissed. If i resign without notice on the day of the disciplinary, what will the reference letter to potential employers state? "resigned pending disciplinary"? which may be better (marginally) than the alternative

many thanks

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

alternatively, if the 3rd Jan is included as the last day of my employment following my resignation with notice, as you state, and i am unable to attend due to sickness, can the meeting go ahead given sickness and a result found? Or would an alternative date be set - which would then be outside the notice period?

many thanks

[CleverClogs]

Re: Disciplinary Scheduled after resignation notice period

What do the buggers allege you did?

Do they owe you any holiday pay?

Are they in financial trouble?

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

allege i told a member of staff confidential information - that he may have a meeting where his emplyment would be terminated

4.5 days holiday owed - which i am pretty sure i will receive regardless, from what i have read

not in financial trouble

[CleverClogs]

Re: Disciplinary Scheduled after resignation notice period

They sound like a load of idiots.

[Inca]

Re: Disciplinary Scheduled after resignation notice period

And did you leak such information?
Re Resignation....were you attempting to jump ship before you are pushed (sacked)
And most importantly......will they have any proof?

[CleverClogs]

Re: Disciplinary Scheduled after resignation notice period

Does it matter if he did "leak" that someone may have a hearing at which they might be dismissed?

It means nothing!

The person may equally not have been asked to attend a hearing, or the result of the hearing might be that they were commended or promoted.

[Inca]

Re: Disciplinary Scheduled after resignation notice period

And I may have been asking questions that I may have thought relevant,but clearly you don't,,,which is ok because I wasn't asking you

[mariefab]

Re: Disciplinary Scheduled after resignation notice period

Unless your contract stipulates a longer notice period, you only needed to give one week.
That said, you gave notice that 2nd January was to be your last day and they don't appear to have a problem with the length of your notice period. If anything they were looking to shorten it.

You might consider pointing out to your (nearly former) employer that slavery was abolished a long time ago in the UK and reminding them that your relationship was one of employment.

Therefore, their acceptance of your resignation wasn't necessary.
You were free to give it unilaterally at any time and, to date, you haven't rescinded it.

If they choose to hold meetings after 2nd January they are naturally at liberty to do so.
But, as you will no longer be one of their employees after that date there's obviously no requirement for you to attend.

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

It has been alleged i leaked the information. The person to whom i allegedly leaked the information (that he may be fired) went and offered his resignation the following day on this basis. The disciplinary paperwork includes a recoded conversation between this person and a manager, regarding his resignation, and a text message conversation this person has with another colleague discussing it, after it allegedly occurred.

And no - i had already accepted another position prior to resigning