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Attend Hearing or Resign

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  • Attend Hearing or Resign

    I do not want to go into too much detail but I desperately need advice. I have been charged with three complaints. I've already admitted to these charges and explained why I did it. Do I need to attend the hearing and go through the whole emotional thing again? Would you advice that I resign before the hearing? With all honesty, I'm almost a 100% sure I will be dismissed from my position.
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  • #2
    Re: Attend Hearing or Resign

    Never resign.....
    If you have admitted anything, then you obviously have mitigating circumstances.
    Go to the hearing and put your case.
    Explain the distress you felt at the time, and explain that this was why you did, what you did.
    Hopefully this will result in, at the worst, a written warning.
    Do not resign....
    “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

    Comment


    • #3
      Re: Attend Hearing or Resign

      Originally posted by Mnieuw View Post
      I do not want to go into too much detail but I desperately need advice. I have been charged with three complaints. I've already admitted to these charges and explained why I did it. Do I need to attend the hearing and go through the whole emotional thing again? Would you advice that I resign before the hearing? With all honesty, I'm almost a 100% sure I will be dismissed from my position.
      Without further detail, it's hard to comment, however, resigning is seldom a good idea. I can fully relate to the stress you must be under and can also see how tempting it can be to tell them where to stick their job under the circumstances, however, that may not work in your favour.

      If you have been working for your employer more than two years, you could claim unfair dismissal if your employment is terminated. I am aware it's not as easy as it was before they started charging for using the ET but in many cases, employers may offer you a settlement for commercial reasons. If you resign, you will have to opt for constructive dismissal, which has very low chances of success.

      Resigning could also cause you problems claiming benefits.

      A third alternative is not to resign but not to attend the hearing either, this is what I did when I was faced with a disciplinary, I got a sick note due to the stress of the whole thing and managed to get the hearing postponed a number of times. Eventually it was held in my absence and I was dismissed. I knew that would be the outcome anyway and was invited to put forward my arguments by email. I ended up being offered a modest settlement and an agreed reference which did the trick for me. :thumb:

      Comment


      • #4
        Re: Attend Hearing or Resign

        Mnieuw,
        Send me a personal message explaining a bit more about what you did and why you did it.
        There are many factors to consider, before even thinking about constructive dismissal.
        Costs involving the Tribunal are decided by the tribunal.
        It is very unlikely that they will order costs against an employee.
        The only exception to this is, if your claim is petty, has no foundation, and no chance of success.
        Regards,
        Johnaw:
        “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

        Comment


        • #5
          Re: Attend Hearing or Resign

          Re: Disciplinary from employer.

          Hi everyone, i need some help with a problem.
          Im currently on voluntary suspension from work, and im scheduled to appear at a disciplinary procedure, the problem i have is the accusations some are false but one is true. i held my hands up and admitted my error due to pregnancy related issues n stress caused by my boss n mine relationship. I have had enough of them treating me like a scapegoat and the others involved are getting off scott free.
          I fi want to leave the company can i just resign or terminate my contract or see it through to potential dismissal??
          i would like to find an other job elsewhere and i want what integrity i have left intact - whats my best option please help me??

          Comment


          • #6
            Re: Attend Hearing or Resign

            Originally posted by innocentuntilprovenguilty View Post
            Re: Disciplinary from employer.

            Hi everyone, i need some help with a problem.
            Im currently on voluntary suspension from work, and im scheduled to appear at a disciplinary procedure, the problem i have is the accusations some are false but one is true. i held my hands up and admitted my error due to pregnancy related issues n stress caused by my boss n mine relationship. I have had enough of them treating me like a scapegoat and the others involved are getting off scott free.
            I fi want to leave the company can i just resign or terminate my contract or see it through to potential dismissal??
            i would like to find an other job elsewhere and i want what integrity i have left intact - whats my best option please help me??
            Not sure how you ended up on this thread......:tinysmile_grin_t:
            I'll try to briefly answer you, but would advise that you start a new thread.
            To start a new thread click on forum home at the top left hand side of the page.
            Scroll down until you come to 'Employment Law & Issues'.
            Click on this and the section will open.
            Then simply click on 'start a new thread' and follow the instructions..

            I'm not sure how the hell you can be on 'Voluntary Suspension'.
            This is a new one to me.........
            You cannot suspend yourself, only your employer can do that.
            Never, ever resign, unless it is to your advantage.
            I cannot see any advantage here.
            With regards to your integrity, as far as I am concerned.... Your name says it all.. innocent until proven guilty.
            I will keep an eye out for your new post and continue where I have left off.
            Don't worry.:tinysmile_grin_t:aw:
            “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

            Comment

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