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Resigning before a misconduct meeting

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  • Resigning before a misconduct meeting

    Please can someone help with the following:

    My daughter is a civilian police employee, trained to know the difference between criminal and civil law, eleven years 5 months combined service as a 999 incident controller and more recently as a 101 enquiry officer. Advice from the police was that an incident in February was being looked at as assault on my daughter and public order on me. After investigation by two PSI's (civilian police investigators) no charges were brought. The offender and his girlfriend thereafter conducted a campaign of harassment against my daughter, he was given police "words of advice" on 28 June, on 29 June retaliated with another offence against my daughter and is to go for trial in January on Section 4a Public Order act.

    The issue we need help with is that in May my daughter was charged with misconduct as a result of a report written by one of the investigating PSI's - who wrote that "in her opinion my daughter shouldn't be employed to do her job and that my daughter was responsible for issues including the February incident". My daughter is totally shocked that as a victim of crime, her employer has treated her as the instigator. She cannot not do her job. She kept breaking down at work with panic attacks, crying etc. She has been off work since, diagnosed with stress and anxiety. Basically she has lost all faith in her employer and the system.

    The misconduct meeting is scheduled for 4 December. Supposedly the allegation is that my daughter was rude to the PSI's. My daughter, as a police employee who was off duty at the time is charged with misconduct but of course her employer can't do this to me, a member of the public who was present at the time. Neither of us believe there are grounds for the charge and I suspect that the derogatory report written by one of the PSI's is to try to protect herself because I actually told them to get out of my house. My daughter says she can't work for this employer anymore, she has what seem to be good grounds for constructive dismissal but says she prefers to walk away rather than endure the ridicule that her employer will surely heap on her at any tribunal. In discussion with her GP, she has decided that she needs to distance herself from the hostilities and get on with her life. Her intention was to go to the misconduct meeting and have her resignation letter ready to give to them at the end of the meeting. Now she is worrying about the impact on her future job prospects if the meeting finds her guilty.

    So, having given the background details, does anyone know whether - to make the misconduct charge go away - she has to have left the constabulary before the date set for the meeting or is it sufficient to have handed in her resignation letter? I need to say this is misconduct, it is not gross misconduct, and the worst that could happen is that she gets a telling off and the findings are put in her employment record for twelve months. But the whole thing has destroyed her - she has done nothing wrong, the police didn't properly investigate the February incident and the offender wasn't charged, yet she is the one singled out for disciplinary proceedings. I am seriously worried for her health, and I gather her GP this morning told her the only way she is ever going to get over it is to simply walk away.

    Thanks in anticipation of you are able to offer any practical advice.
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  • #2
    Re: Resigning before a misconduct meeting

    If she has no further fight in her it would probably be better for her to resign now before the disciplinary hearing.
    That way the worst they could put in a reference would be that she resigned pending a misconduct hearing (rather than she resigned after being found guilty of misconduct).

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