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resign or be sacked

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  • resign or be sacked

    Hi all,
    i have been suspending under investiagtion for gross misconduct which i have admitted to(theft), should i resign before they sack me,
    Tags: None

  • #2
    Re: resign or be sacked

    Hi dazone

    It is worth asking your employer; they might agree in order to avoid the need for a disciplinary.
    However, as things stand, if they dismiss for GM, they can dismiss without notice (or notice payment, though you should still get any holiday pay or wages owed).
    The other point to be aware of is that in this kind of situation you might be sanctioned re benefits such as JSA.
    I'll give [MENTION=26290]mariefab[/MENTION] & [MENTION=51026]Ula[/MENTION] a nudge for you
    CAVEAT LECTOR

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    • #3
      Re: resign or be sacked

      Hi Dazone,I guess you are asking the questions on the basis that would this course of action get different treatment by your company if you resign before a disciplinary hearing? Firstly even if you did resign the company can still continue with their investigation whilst you were on notice (although you have not detailed how long this is and when you were suspended) and can then hold a disciplinary meeting. Assuming the outcome of the meeting was to dismiss you on the grounds of gross misconduct then you would be subject to whatever process they have for dealing with such matters which is normally summary dismissal without any notice except for the payments detailed in the post from charitynjw. If you are hoping it would make for a better reference the problem is that you are already suspended pending an investigation (although you have admitted to theft) and even if the company decided not to go ahead with a disciplinary hearing, they can still say you were suspended and under investigation when you resigned in any reference to a prospective future employer. Depending on your employer you may be able to discuss whether they would provide a "neutral reference" if you resigned which they could do unless a prospective employer asked specifically about whether you were under and investigation for or in receipt of disciplinary action then the situation could not be avoided being disclosed in a reference.
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