Resigned but Disciplinary going on without me? Can they sack me?

[typeratlast]

Hi All

I'll try to keep this short!

I was suspended on full pay following 5 serious allegations back in April, I initially went "sick" due to stress for 6 weeks so during that time they couldn't hold an investigation meeting but obviously could get there case together and hold interviews etc.

Having informed them I was back available to work, I received a letter inviting me to an investigation meeting, I declined that by handing in a letter of resignation dated 12th June. They initially wrote saying they wanted me to reconsider and attend an interview. I declined again and reiterated my desire to resign.

I received a letter stating that I had to attend an investigation interview or my pay would be stopped, I could provide a statement instead.

I provided the statement and have today received a full report and bits regards a Disciplinary Hearing to take place next Wednesday in my absence, recommendation Instant Dismissal.

CAN THEY DO THAT? I'VE RESIGNED?

Thanks

[BeauBrummie]

Hi typeratlast,

The employer wishes to hear your side of the story so this may be why they continue to seek your attendance.

Without knowing what the allegations are it is difficult to comment, but if the recomendation is Instant Dismissal then that is normally Gross Misconduct, it has to be pretty serious.

Have you given them a period of notice? or was it a resignation with "immediate effect" this could have a bearing on your final pay. If the allegations are proved as gross misconduct then you will not be entitled to "Notice Pay" this is why they do not want to accept your resignation.



BB

[poppynurse]

It appears that they are not accepting your resignation but want to complete the disciplinary process. From the employers viewpoint it may appear that you are avoiding the issues/allegations by going sick/resigning.
What does your company handbook or disciplinary policy say about resigning whilst going through the process?

[typeratlast]

Hi and thanks for your replies.

It is gross misconduct and some of the allegations are very serious. Many are complete lies but word against word.

I gave notice of five weeks as per my contract.

I was originally told, when first suspended, that if I resigned everything would stop as there would be no allegations to be had. They feel they have found sufficient enough evidence (although all from past employees, and clients who are alcoholics and drug users!) to dismiss.

So basically I'm stuffed? They can dismiss and ignore my resignation?

Thanks

[Sidewinder]

From a procedural standpoint, the company are entitled to complete the disciplinary process and (indeed should, because depending on their findings this will be recorded on future references), and whilst you are perfectly entitled not to attend, they can still hold a disciplinary hearing in your absence providing that you are given at least the opoortunity to be there. If there is an allegation pending they do not have to accept your resignation.

You need to ask yourself whether the allegations were so serious and clear-cut as to lead to dismissal whether you attend or not, and whether you think that attending will have any bearing on their decision. Would there be any scope to negotiate a compromise agreement to allow you to resign, for example? At the moment you may well be able to tell prospective employers that you resigned, but if they ask your former employer for a reference this will say that you resigned during a disciplinary process for Gross Misconduct (if that is what they deem it). To complete the process in your absence would allow them to add the fact that this was later proven and that you were dismissed.

[Sidewinder]

Sorry - posts crossed.

How good a defence would you be able to put up against the allegations? Do you have any colleagues or other referees who might be able to add weight to your defence?

[typeratlast]

Hi,

It would make no difference attending, although they say I have given a statement in lieu of attending! (Not sure how I can have done that having not seen any evidence until now!)

It would appear they can dismiss me immediately, I take it that means i get paid on suspension until next Wednesday when the hearing is?

The thing is the allegations really are word against word so I have no way of defending them just as they have no way of proving them, but that means i'm out basically eh!

(Looks like I am going to have to cover up 6 years of ridiculous hard work to avoid references!!!)

[typeratlast]

Originally Posted by Sidewinder

Sorry - posts crossed.

How good a defence would you be able to put up against the allegations? Do you have any colleagues or other referees who might be able to add weight to your defence?

Posts crossed again!

Not good enough on all points at all

[colgate01]

Hi,

Do you mind telling us what the allegations are for? The reason I ask this is that it is sometimes hard to put it down in writing but you can at least get more constructive advice.

I was recently in a position whereby a number of staff colluded in false statements against me. Although the allegations (of bullying ) were untrue and were basically produced by members of staff who were already on performance improvement plans from a previous manager, it was my word against theirs and ultimately I didn't think my company was being supportive so I mamanged to arrange a settlement. I know your position is different but it might help to be a bit more open about the allegations so you can get some more constructive advice. 6 years is a lot to hide on a cv and coming from the recruitment industry, I would advise you to try and at least make sure you get a neutral reference.