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??
can i resign pending disciplinary
Collapse
Loading...
X
-
Re: can i resign pending disciplinary
tagging [MENTION=26290]mariefab[/MENTION]Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagle
-
Re: can i resign pending disciplinary
Originally posted by toyotasr180 View Posthi, 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??
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.Last edited by Openlaw15; 2nd September 2016, 14:43:PM.
Comment
View our Terms and Conditions
LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.
If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.
If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
Announcement
Collapse
No announcement yet.
Court Claim ?
Guides and LettersSHORTCUTS
Pre-Action Letters
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Witness Statements
Directions Questionnaire
Statute Barred Letter
Voluntary Termination: Letter Templates
A guide to voluntary termination: Your rights
Loading...
Loading...
Comment