Disciplinary whilst off sick with work related stress long story

[Stressed out]

Hi

i've recently resigned from my post. I was honest about my reasons. I'm starting a company in the same sector. I haven't approached any clients formally but have discussed the fact that I'm leaving with them

on resigning all my accesses were revoked and my phone disabled and i was placed in a menial job well below my pay grade. I understood the reasoning and thought I'd keep my head down and get on with it. I retrieved some personal possessions from my desk and went back to the assigned area. I was then accused of stealing a laptop from my old work area and was bag searched. This happened in front of colleagues and was very distressing.

i obtained a doctors note. The doctor was great and very understanding giving me a not for the length of my notice period. I sent this in immediately, saying that i hoped that this was then end of the matter

i have now received a letter calling me in for gross misconduct. I am distraught and don't know what to do next.

[Tools]

Re: Disciplinary whilst off sick with work related stress long story

Would a decision of Gross Misconduct affect the starting of your new company and on what basis are they claiming misconduct?

What were the results of the bag search, was anything found that you should not have had in your possession?

[Stressed out]

Re: Disciplinary whilst off sick with work related stress long story

The bag search showed I had nothing to hide. It was all personal property.
I think from the letter they are trying to claim a breech of code of conduct for trying to poach customers

[FlamingParrot]

Re: Disciplinary whilst off sick with work related stress long story

I was then accused of stealing a laptop from my old work area and was bag searched. This happened in front of colleagues and was very distressing.

i obtained a doctors note. The doctor was great and very understanding giving me a not for the length of my notice period. I sent this in immediately, saying that i hoped that this was then end of the matter

i have now received a letter calling me in for gross misconduct. I am distraught and don't know what to do next.

Is the letter an 'invitation' to a disciplinary?

It get the impression they are trying to sabotage your new business and are looking for any excuse to discredit you, presumably in the absence of any proper legal recourse to stop you from "poaching" their clients. Some employment contracts do have clauses to that effect, what about yours?

I once managed to get a disciplinary postponed by nearly two months using sick notes, eventually it was held in my absence.

If you are starting up on your own, as opposed to joining another employer, a dismissal for gross misconduct may not affect you in the same way. :thumb:

[FlamingParrot]

Re: Disciplinary whilst off sick with work related stress long story

The bag search showed I had nothing to hide. It was all personal property.
I think from the letter they are trying to claim a breech of code of conduct for trying to poach customers

Poaching customers and stealing equipment are hardly the same thing! :mad2: :mad2:

As above, whether it constitutes a breach or not depends on the terms of your contract.

[Inca]

Re: Disciplinary whilst off sick with work related stress long story

Have you tried to poach customers or are they completely wrong?

[Stressed out]

Re: Disciplinary whilst off sick with work related stress long story

No, all I've said to customers is that I am leaving. Some asked to be kept informed and to stay in touch. Nothing concrete and nothing in writing.

I looked on the gov.UK website and it advised that for constructive dismissal I should resign with immediate effect as my position is untenable. This is what I've done. Is there any repercussions for doing so?

[FlamingParrot]

Re: Disciplinary whilst off sick with work related stress long story

No, all I've said to customers is that I am leaving. Some asked to be kept informed and to stay in touch. Nothing concrete and nothing in writing.

I looked on the gov.UK website and it advised that for constructive dismissal I should resign with immediate effect as my position is untenable. This is what I've done. Is there any repercussions for doing so?

I'm afraid there may be. Are you aware that the success rate of constructive dismissal claims is just 3%? :sad:

I know someone who resigned and submitted such a claim to the ET and got a small settlement plus an agreed reference but that was before you had to pay for ET submissions and not guaranteed to work in every case. The reference may not be as important to you if you intend to work for yourself instead of finding employment.

[Stressed out]

Re: Disciplinary whilst off sick with work related stress long story

Not too worried about reference or even a claim for constructive dismissal. Really concerned that they may try to claim from me. As I say, I'm currently signed off sick but as I've resigned with immediate effect can they claim costs for replacing me?

Thanks for your help

[Tools]

Re: Disciplinary whilst off sick with work related stress long story

Any resignation should be worked in accordance with your contract notice period. If your sick note covers this time period I suspect you have nothing to worry about.

How did you word your resignation?

[CleverClogs]

Re: Disciplinary whilst off sick with work related stress long story

How did you word your resignation?

"Take this job and shove it up your jacksi!", perhaps? :rofl:

[Stressed out]

Re: Disciplinary whilst off sick with work related stress long story

the e-mail I sent was to acknowledge receipt of invitation to disciplinary and in light of this and recent events, my position is untenable. I'm signed off with work related stress so wish to terminate with immediate effect. I've not had a reply yet..

I have legal cover with my home insurance and it covers employment law. Time to give them a ring I think