can i resign pending disciplinary

[toyotasr180]

hi, i have recently gone down disciplinary, however, in my mitigation i mentioned lots of flaws in there investigation and unfairness on how they have conducted this, its concerned them because they have not followed there own disciplinary rules and the evidence is strong, so now suspended again so they can try and cover up there mistakes, plus i was recording the disciplinary for my own use and during adjournment they have searched my coat and deleted file, but they made mistake by pressing record again while i am out on adjournment, files are dated and timed, plus the disciplining mgr made a phone call within one minute of pressing record again, i have no confidence or trust in this company, they are now appointing a new area mgr to conclude disciplinary and a regional mgr to look at my grievance ( mitigation ) if i resign now due to break down of trust and breach of contract, do i have a legal case to pursu??

[Kati]

Re: can i resign pending disciplinary

tagging [MENTION=26290]mariefab[/MENTION]

[Openlaw15]

Re: can i resign pending disciplinary

hi, i have recently gone down disciplinary, however, in my mitigation i mentioned lots of flaws in there investigation and unfairness on how they have conducted this, its concerned them because they have not followed there own disciplinary rules and the evidence is strong, so now suspended again so they can try and cover up there mistakes, plus i was recording the disciplinary for my own use and during adjournment they have searched my coat and deleted file, but they made mistake by pressing record again while i am out on adjournment, files are dated and timed, plus the disciplining mgr made a phone call within one minute of pressing record again, i have no confidence or trust in this company, they are now appointing a new area mgr to conclude disciplinary and a regional mgr to look at my grievance ( mitigation ) if i resign now due to break down of trust and breach of contract, do i have a legal case to pursu??

Update

I am not an employment expert and can only give you my opinion. A grievance is separate to a disciplinary. It seems that during the disciplinary procedure where you're suspended and then dismissed, and there's been a breach of trust by the employer, you may be able to ask the tribunal for an injunction, to continue the employment, or could see yourself as constructively dismissed: Post Office v Strange [1982] I.R.L.R. 515. If you resign, it means you and the employer have to come to a mutual arrangement to end your contract, meaning there's no claim for constructive dismissal.

Amended, see above paragraph: In general, it comes down to what your company's procedure is on 'suspension', as to whether it mirrors ACAS Code of Conduct, normally. Breach of confidence and trust is another matter, if you'd resigned before being suspended - for whatever it is you have been accused of - you may have had grounds for constructive dismissal, ie you resigned as your employment was no longer workable.