Disciplinary investigations- Should I resign and move on?

[mark2017]

Dear Forum members,
i am in a unique and tricky situation.
i have come a long way in my problems with my employers. they launched investigations and made numerous allegations of gross misconduct (nothing of nature of fraud etc.) . They have now completed the investigations and have gathered enough material that they can dismiss me. However, I raised grievances about the process, which was partially upheld. i then appealed and my appeal has been upheld. the employer is now saying that the investigation was biased and they now are proposing to re-investigate the matter, merely by getting a review of the evidence available to them, from an independent person.

my questions are:
1. Should I resign at this stage, taking the stand that they have now accepted that investigations were flawed and biased; and that any fresh review of the available evidence is unlikely to lead to a fair outcome; as it cannot remove the bias?
2. Should I accept their proposal and cooperate further with the matter and face disciplinary, if they decide to do so?


just for clarity, i am able to work via agencies, so am currently not too concerned about getting a reference, although would prefer a clean record for any future proper employment.
thanks

[Sangie595]

Re: Disciplinary investigations- Should I resign and move on?

Dear Forum members,
i am in a unique and tricky situation.
i have come a long way in my problems with my employers. they launched investigations and made numerous allegations of gross misconduct (nothing of nature of fraud etc.) . They have now completed the investigations and have gathered enough material that they can dismiss me. However, I raised grievances about the process, which was partially upheld. i then appealed and my appeal has been upheld. the employer is now saying that the investigation was biased and they now are proposing to re-investigate the matter, merely by getting a review of the evidence available to them, from an independent person.

my questions are:
1. Should I resign at this stage, taking the stand that they have now accepted that investigations were flawed and biased; and that any fresh review of the available evidence is unlikely to lead to a fair outcome; as it cannot remove the bias?
2. Should I accept their proposal and cooperate further with the matter and face disciplinary, if they decide to do so?


just for clarity, i am able to work via agencies, so am currently not too concerned about getting a reference, although would prefer a clean record for any future proper employment.
thanks

As you appear to be aware, either way you cut it the employer is entitled to mention the disciplinary in a reference whether you leave before it or not. If you leave before the disciplinary then they can say you resigned pending the disciplinary. If they find you have committed gross misconduct then they can say so.

Correct me if I am wrong, but you are guilty of the offences alleged? You appear to be saying so. Your chances of having a clean record will therefore be nil. "Bias" or not in the evidence, you either did it or you didn't.

[mark2017]

Re: Disciplinary investigations- Should I resign and move on?

Dear Sangie595
Thanks for your response
In terms of whether or not I am guilty, I was going through extreme stress at the time and I agree there were some behavioural issues, but these have been blown out of the proportion by the investigators and have been labelled as gross misconduct.

If I stay with the employer and cooperate with their proposed re-investigation, there is a chance that I might get away with a final written warning, which will lapse after one year, after which I can have a clean reference.

However the risk is that they could dismiss me during disciplinary which will stay on my record forever.

Considering this, and that I can currently work via agencies , which gives me chance to build up fresh references, my query is: would it not be more logical and safer to resign at this stage and move on ????

[leclerc]

Re: Disciplinary investigations- Should I resign and move on?

Dear Sangie595
Thanks for your response
In terms of whether or not I am guilty, I was going through extreme stress at the time and I agree there were some behavioural issues, but these have been blown out of the proportion by the investigators and have been labelled as gross misconduct.

If I stay with the employer and cooperate with their proposed re-investigation, there is a chance that I might get away with a final written warning, which will lapse after one year, after which I can have a clean reference.

However the risk is that they could dismiss me during disciplinary which will stay on my record forever.

Considering this, and that I can currently work via agencies , which gives me chance to build up fresh references, my query is: would it not be more logical and safer to resign at this stage and move on ????

Is there a way for you to negotiate to leave the company ie resign and be allowed to have a good reference for a future employee, ie both you and the company get their own way by means of you not working there(in view of all the issues surrounding the investigation)?

[Sangie595]

Re: Disciplinary investigations- Should I resign and move on?

I never advise on what would be "better" or "more logical" because that tends to blow up in one's face. Regrettably employers are prone to do things that defy logic anyway! Leclerc makes a valid suggestion - but for a neutral reference, because asking for a good one is just never going to happen in these circumstances! But otherwise I think you have to take your own decision at your own risk. The one find I will say is that either of your options stay with you. There is always a risk that a resignation in these circumstances will come to light. You know the employer though. Which way do you think it's going to go?