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albertleblanc

Immediate Resignation prior to disciplinary result

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Hi,

 

I have worked for a business for 6 years with an exemplerary record. I am a senior unit manager and have contributed many ideas and new methods to the business.

 

I have just come out of a gross misconduct disciplinary hearing for the following:

 

Failure to follow a procedure.

 

Bringing the Company name into disrepute.

 

Breach of Trust and confidence.

 

I was found guilty of each count and was allowed to resign before the decision was given.

 

I did not follow the procedure but we are given some leeway in order to look after customers. Noone is saying that I did anything dishonest and everything is clearly trackable.

 

The bottom line is I set up a trial for a new service without permission.

 

There is no evidence of customer complaints (in fact the opposite) and I believe that my methods were less likely to cause disrepute than some custom and practice currently in the business.

 

My Line Manager has said that he believes that I learned my lesson and had not recommended a dismissal. He was amazed that I was dismissed and had told me that his recommendation was not to dismiss. He even said to me, see you next week!

 

I have made no personal gain from this situation and customers have benefited, the company has made more money and my team are happier.

 

My big mistake was that I did not tell my Boss I was doing the trial. This is not unusual as a senior manager, but I know that I have overstepped my authority on this one occassion but my motivation was all good.

 

My assistant manager received a final written warning for this today.

 

The question is: do you think that being dismissed would have been disproportionately harsh?

Have they done anything wrong?

What is your advice?

 

Thanks for any help you can offer.

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You're absolutely sure they were going to dismiss you?

They weren't bluffing and giving you an ultimatum to save themselves the potential liabilty of dismissal?

By resigning you've pretty much burned your bridges if you've any intention of taking legal action.

 

I can't say that I know enough about the type of work you're in or the nature of your position to comment on whether dismissal was valid here.

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Thanks, an HR case manager was there so I would hope they were not bluffing. I am sure we have a 48 hour cooling off period in our business for resignations and I have already sent an email to my boss withdrawing it, as I did it on the spur of the moment without seeking advice.

 

Thanks for your quick response.

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I've seen it happen that employers want rid of someone, but are mindful that they don't have sufficient legitimate grounds for doing so.

 

So they try the 'we're inviting you to tender your resignation' gambit.

 

Have you a contractual right to this cooling off period?

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