have handed my notice in but employer still wants investigation!

[teaboy2]

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.

What i meant was that the employer is well within their rights to continue the disciplinary internally and make a decision based on reasonable belief, and they may still invite the OP to attend meetings post termination. They can't stop the employee leaving, but they do not have to accept the resignation and call that the end to the matter. Yes any reference would have to state resigned pending disciplinary for gross misconduct. Which in most employers eyes is no different to being dismissed for gross misconduct.

In this case the OP made a rash decision to resign, given the reason for the temporarily prohibition and should not have been "Bollocked" by the manager the way he was given the reason for the temporarily prohibition. In my view the OP would have been better of arguing that the Manager should not have been verbally abusive to him in the first place, when it was clearly not the OP's fault that their was a temporarily prohibition placed on the vehicle.

[leclerc]

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

Teaboy2, they can state that they resigned pending disciplinary action but they cannot state it was for Gross Misconduct. It's very picky of me, I know, but I have tried to find out whether they can mention GM and they cannot.

[teaboy2]

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

Teaboy2, they can state that they resigned pending disciplinary action but they cannot state it was for Gross Misconduct. It's very picky of me, I know, but I have tried to find out whether they can mention GM and they cannot.

Yes they can, hes being disciplined for gross misconduct, hes resigned as a result - So stating resigned pending disciplinary for gross misconduct would be factual. As hes facing disciplinary for gross misconduct but has resigned as a result of pending disciplinary for gross misconduct!

Hes not being disciplined for spanking the traffic warden, so they can't say resigned pending disciplinary for spanking traffic warning. As that would not be factual!

Off course its always in employers best interest to carry on with an internal investigation (post termination, to which now ex-employee may be invited to attend meetings) to establish if gross misconduct had occurred and finding reasonable belief it did. Prior to stating in a reference "resigned pending disciplinary for gross misconduct". In order to cover their own backs. But so long as any reference is factual they can put what they want on it!