have handed my notice in but employer still wants investigation!

[stupot1964]

hi I work in the transport industry and last week my boss gave me an earbashing for getting a temporary prohibition on the vehicle i wa driving.
he was telling me off so bad that i lost my cool and told him to shove his job where the sun don't shine and with plenty of profanities included,I was in such a rage that i left the building and went home where i wrote out my resignation, an hour later I returned and handed in my resignation letter (this was at approx 11am) two and a half hours later the HR manager asked me to accompany them upstairs for a chat with one of the managers as a witness. She informed me that they were starting an investigation for failing to check my vehicle correctly, for gross insubordination and for unauthorised leave of absence this of course put together amounts to gross misconduct. my question is can they still try and hold an investigation after i have handed my notice in? also if i do decide to go to an investigation meeting can i resign on the spot or offer a self dismissal and will that affect any references from them for future employers? hope someone can thanks in advance.

[leclerc]

Re: have handed my notice in but employer still wants investigation!

The basic answer is yes, they can proceed with an investigation even if you have resigned. However, I would suggest that you do write a letter of apology to the person that you swore at(even if you never ever have to produce it.

Can you clarify if you have resigned already in writing? They only have your notice period to actually follow through with the whole disciplinary process.

I am going to get Tools to have a look at this thread cos I think he may have a bit more input into this than me in view of the industry you were in...

[teaboy2]

Re: have handed my notice in but employer still wants investigation!

The basic answer is yes, they can proceed with an investigation even if you have resigned. However, I would suggest that you do write a letter of apology to the person that you swore at(even if you never ever have to produce it.

Can you clarify if you have resigned already in writing? They only have your notice period to actually follow through with the whole disciplinary process.

I am going to get Tools to have a look at this thread cos I think he may have a bit more input into this than me in view of the industry you were in...

Actually they can still go through with the disciplinary even post termination as the employer does not have to accept the resignation when person is subject to disciplinary action or likely to be as a result of his conduct prior to resignation. The OP's act of gross misconduct occurred prior to resignation, so the employer is within his write under the employment contract to not accept the resignation and proceed with disciplinary action!

At end of the day though, what does the employer have to gain by going through with disciplinary action? Nothing really! But then does the OP what to keep his job? If he does, then hed have to face disciplinary action. So its catch 22, damned if you don't damned if you do!

[Tools]

Re: have handed my notice in but employer still wants investigation!

What was the prohibition for and was this following a VOSA roadside check/police stop/accident/services stop?

Do you have daily walk round check sheets and defect reporting books, there should be one in each vehicle and an established reporting mechanism for any defects found.

[leclerc]

Re: have handed my notice in but employer still wants investigation!

You have definitely got to clarify that post teaboy2. You've stated that they can continue a disciplinary post termination.

Please can you clarify the post cos I am reading that you can discipline an ex employee and that is not something you can do.

The OP has resigned in writing so his notice period is what counts to complete a disciplinary process. The company cannot sack someone once they have left the company. I hope that that is what you are stating, ie notice period does not stop disciplinary action being taken but it can only take place within the notice period.

[Tools]

Re: have handed my notice in but employer still wants investigation!

If he is liable for causing the company loss because of his action (e.g fine to the company for his actions from VOSA) then that is within their rights post termination. We need to establish the facts first.

[stupot1964]

Re: have handed my notice in but employer still wants investigation!

hi I work in the transport industry and last week my boss gave me an earbashing for getting a temporary prohibition on the vehicle i wa driving.
he was telling me off so bad that i lost my cool and told him to shove his job where the sun don't shine and with plenty of profanities included,I was in such a rage that i left the building and went home where i wrote out my resignation, an hour later I returned and handed in my resignation letter (this was at approx 11am) two and a half hours later the HR manager asked me to accompany them upstairs for a chat with one of the managers as a witness. She informed me that they were starting an investigation for failing to check my vehicle correctly, for gross insubordination and for unauthorised leave of absence this of course put together amounts to gross misconduct. my question is can they still try and hold an investigation after i have handed my notice in? also if i do decide to go to an investigation meeting can i resign on the spot or offer a self dismissal and will that affect any references from them for future employers? hope someone can thanks in advance.

thanks for your replies, i had a feeling that was the case. when i went for the initial meeting to hand me my letter of investigation the HR pointed this fact out to me. and said the only option to stop the investigation was to resign immediately, i took the option of taking suspension on full pay and have pushed for an adjournment for a week ( so this would cover at least one week of my two week resignation) i know i am screwed basically so when i go into the investigation meeting i am going to give them a self dismissal letter with immediate effect .at least i get a weeks money out of them plus any holiday pay owing so happy days.

[stupot1964]

Re: have handed my notice in but employer still wants investigation!

it was a roadside vosa check i did all my pre journey checks at depot and all seemed fine and signed it off as fit to drive but the vosa officer found that the seatbelt clips (where the belt clips in and locks) was slightly loose to the seat body, when i checked the belts in the morning i unclipped the belt and the holder stayed in the same place i replaced the belt and pulled hard and the belt held securely i also checked for frays in the belt and all was fine ( i drive pcv vehicles) so as far as i was concerned the belt was secure.

[Tools]

Re: have handed my notice in but employer still wants investigation!

Are they on a 5 week inspection rotation? Also when was the last inspection carried out, is it done in house or externally?

It is a very minor defect and something you wouldn't normally pick up on a daily walk round.

[stupot1964]

Re: have handed my notice in but employer still wants investigation!

it is all done in-house and that vehicle was in the workshop two days before being looked at for something else but you would expect them to do simple visual checks whilst it was in the workshop?

[Tools]

Re: have handed my notice in but employer still wants investigation!

Not if it was for an unrelated repair I'm afraid. The reason for partial prohibition isn't really anyone's fault and there should be no action over it.

So in all fairness you probably didn't deserve the bollocking you got, but also you shouldn't have lost your temper ( I can't talk I was exactly the same when I worked as a HGV fitter).

Obviously having PSV & CPC you shouldn't have too much trouble finding other work? Up to you now really if you continue with your resignation and your employer should they wish not to accept it.

[stupot1964]

Re: have handed my notice in but employer still wants investigation!

having read other posts and advice on other sites it seems that my employer must accept my resignation under employment law and i have followed correct protocol by firstly giving it verbally then in writing and giving the contractural required notice. many thanks for your input

[Tools]

Re: have handed my notice in but employer still wants investigation!

Yes you have followed procedure correctly. To be honest I can't see what their investigation would achieve. They won't have suffered any loss because of the prohibition and there isn't really anyone to blame for the seatbelt.

[concernedperson]

Re: have handed my notice in but employer still wants investigation!

A manager at my place gave his notice in and walked out, head office refused to accept his notice suspended him and started an investigation

[stupot1964]

Re: have handed my notice in but employer still wants investigation!

did he complete his notice period and did he do it writing?his notice period must as per contract of employment. if he did this then the company must accept his notice but as said in previous posts the employer can still hold an investigation even though there is no real point as the employee is/has left/leaving.