Resigning whilst suspended

[daggle]

Hi everyone, just before Christmas I was suspended for allegedly breaking the glass in a door on purpose and not by accident. I then submitted a grievance against the management and this has delayed the investigation into the incident until after the grievance has been heard. Today I was offered another job and would like to know if you can resign whilst suspended and what implications this would have on notice periods, holiday pay etc.

Thanks in advance for any opinions.:?

[advisee]

You can resign at any time... as long as you comply with your notice requirements.

 

Are you suspended on full pay?

 

You will still get holiday pay for the time you are at home, because you are "working" where the company tell you to work (i.e. at your home).

 

How long is your notice period? If it is a month/longer, you could potentially try to negotiate this down with HR (i.e. resign immediately and get to start other job immediately.... but that needs a bit of thought....)

[daggle]

Thanks for that, yes I am on full pay and my notice period is 1 month. In the past when people have resigned they have been let go straight away and have not had to work the notice period. An extra complication is that they messed up my overtime for November and said that they would sort it out in December but I was suspended before this had been finalized, also I was due to take my last five days leave over Christmas but because I was suspended I presume that I am entitled to these days back. (Holiday period runs January to December).

[advisee]

also I was due to take my last five days leave over Christmas but because I was suspended I presume that I am entitled to these days back. (Holiday period runs January to December).

 

Probably not... but please try it.

 

What do _you_ want as an outcome? Do you want to resign today, ideally get "let go" immediately and start your new job?

 

Or do you want to defend yourself/get them for unfair dismissal/get your job back?

 

Remember companies will often do a deal, if it is in their financial (or political) interests.

[daggle]

Don't really know what I want yet, only had offer late tonight so have not had much thinking time. New employer knows the full story so could just go and start but I don't like the idea of letting my company think that they have "won" and forced me out. Will sleep on this as I have been doing lots of research both on here and other sites and think I have prepared a good case to try and keep my job. Would constructive dismissal be worth pursueing do you think?:-|