Disciplinary Scheduled after resignation notice period

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

my contract stipulates 2 weeks and that is the notice i have given.

i may have made an error in the date, based on doing some research now.. I gave written notice of resignation on Fri 20th Dec stating 2 weeks would end on Thurs 2nd Jan. Yes, this is 2 weeks / 14 days, but should the end date have been Fri 3rd Jan because the notice period commences the following day it is given?

ie. i gave notice dated Fri 20th - does that mean it doesn't actually commence then, but the following day on Sat 21st?

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

Inca, is that sufficient proof?

THe allegation is that i told the staff member - nothing written. He then left a staff christmas party, had a text conversation with another member of staff and verbally gave his resignation the following day by speaking to another manager.

The text conversation and the recorded conversation with the manager is included in disciplinary letter.

Is this sufficient proof?

[Inca]

Re: Disciplinary Scheduled after resignation notice period

I was trying to establish if all the 'he said,she said' had actually been recorded either by text/email blah blah and if any of the consequential actions would impact on any reference you may/may not need for your new job.
That's all

[leclerc]

Re: Disciplinary Scheduled after resignation notice period

Inca, is that sufficient proof?

THe allegation is that i told the staff member - nothing written. He then left a staff christmas party, had a text conversation with another member of staff and verbally gave his resignation the following day by speaking to another manager.

The text conversation and the recorded conversation with the manager is included in disciplinary letter.

Is this sufficient proof?

Realistically it's your word against another member of staff.

Why would they resign IF a disciplinary meeting was scheduled UNLESS they did something wrong?

I think the question has been asked and I may have missed the answer but did you state to that person that they might be facing disciplinary action(even if you did am not entirely sure how that breaches any confidentiality since clearly that person has the right to defend themselves)?

Did the person allege anything that ONLY you would have known about?(if not then the obvious defence is to state that you have had conversations with the person BUT that you have never discussed the confidential issue at all regardless of what that person is alleging and they did resign...maybe they had a new job).

[marsupial888]

Re: Disciplinary Scheduled after resignation notice period

Hi LeClerc

My contract expressly states that HR information is regarded as highly confidential and will be considered gross misconduct.

The hearing is scheduled on the last day of my 2 wk notice period on Fri 3rd Jan - actually, in my letter i wrote the notice period to be Fri 20th Dec to Thurs 2nd Jan - which is 2 weeks, then i realised the notice period actually starts the day after notice is given, so my last day should have stated Fri 3rd Jan. I have not heard any correction to this over the last 10 days, probably because i was advised my resignation was not accepted - which i know the employer can not do.

Is there any comment you can provide on the info above?

1. I guess i can not assume the date in my letter has been accepted, regardless that I have not heard a confirmation of my final day of work. (I have been suspended on full pay since the misconduct letter). I should count on the final date being the 3rd - the day of the hearing. If my final day was accepeted as being the 2nd, does that mean i would not have to attend as i would no longer be an employee, but the employer may hold the hearing without me present and make a decision?

2. If I am employed on the 3rd as my final day and I am unable to attend due to sickness - what will occur?
a. As I will not be an employee from the 4th, any rescheduled meeting will be out of my emplyment. Will the hearing continue without me being present anyway?

Please comment when you can!
THank you

[teaboy2]

Re: Disciplinary Scheduled after resignation notice period

I shall post up on here later today, its to early in the morning right now and i need some sleep first.

Though i will ask my first question. And this is vitally important - Did they ask you to attend an investigatory meeting and inform you of your right to be accompanied to both the investigatory meeting and the upcoming disciplinary meeting? Or is the hearing on the 3rd the investigatory meeting?

[teaboy2]

Re: Disciplinary Scheduled after resignation notice period

Marsupial888

I need an answer to the above and an update to your situation as it currently stands, if you would to hear what my thoughts are on the matter.

[Soton]

Re: Disciplinary Scheduled after resignation notice period

I'm not sure what they are trying to gain? They want rid of you, you have resigned and there is no evidence you have mentioned of unfair dismissal.

Meanwhile I'm not sure why you would put them down as a reference.

[CleverClogs]

Re: Disciplinary Scheduled after resignation notice period

I'm not sure what they are trying to gain? They want rid of you, you have resigned

And he's probably a lot happier where he is now.

and there is no evidence you have mentioned of unfair dismissal.

He'd not worked there long enough to qualify.

Meanwhile I'm not sure why you would put them down as a reference.

Apart from proving that he was happy to work with/for a bunch of numpties? :grin:

[cupidstunt]

Re: Disciplinary Scheduled after resignation notice period

I am also in a similar situation, I was told by my HR manager that once a discipline date has been given I cannot resign.

I have asked him to tell me where in the contract or what employment law and he never replied.

Strange that you have been told the same, I still haven't found an answer.

What was your occupation .

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