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champerington

Suspended from work pending investigation into gross misconduct

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I was today suspended from my work pending an investigation into gross misconduct. I'm being accused of using company emails unauthorised for the benefit of my sideline business. I don't dispute the allegations.

 

I have been told I'm on full pay until a complete investigation is carried out.

 

The thing is, I've been considering handing in my notice for some time and I now view this as an opportunity to do so however I wanted to get some advice on how best to handle this.

 

Any help or advice would be great.

 

Thanks

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just your company email account, or company contacts?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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They can refuse your resignation if they have started the investigatory process and dismiss you anyway.

 

You are better fighting for mitigation and ask for the right to resign


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I too would try not to get a GMC on my record, which means staying and seeing it through. What if your business fails and you need to work again?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Does this not mean I will have a GMC on my file now regardless?

 

To be honest I just want to leave asap now, I'd prefer to not have to return.

 

Should they decide to dismiss me then I won't have to work a notice period?

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Hi champerington

 

What does it say in the employee handbook?

How many times did you use it?

Did you use it in your own time or company time?

Has any one else used the company email? Were they disiplined for using it?

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If they dismiss you then finding other work becomes problematic due to reference issues.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi champerington

 

What does it say in the employee handbook?

How many times did you use it?

Did you use it in your own time or company time?

Has any one else used the company email? Were they disiplined for using it?

 

I was never given a company handbook.

 

Don't know of anyone else who has done similar.

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It may be shortsighted but i'm not interested in finding other work.

 

Can I definitely not resign?

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It may be shortsighted but i'm not interested in finding other work.

 

Can I definitely not resign?

 

Hello there.

 

This has been mentioned in previous posts. The main thing is that if you walk away, they can say that you resigned whilst under investigation on a future reference. I know you think you won't need to work for someone else again because of your business, we're advocating a cautious approach just in case.

 

HB


Illegitimi non carborundum

 

 

 

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Not saying you cannot. Just said they have the right to refuse until diciplinary process is complete.

 

You could throw yourself on their mercy. Accept u did wrong but did not realise. Suggest it might help the business to introduce a policy for email and social media so everyone knows where they stand and potentially save company time and money.

 

You coulf you are dead set on leaving you could try asking for the right to resign in order to save company time n resources.

 

A lot will depend on the nature of your side business. If it conflicts with your employer you are screwed imo


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Yes I understand your advice, thank you.

 

Should I resign whilst under investigation, am I obliged to work my notice period?

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How exactly were you informed of the company's internet usage policy? Pick holes in company procedures and policies, not being given a copy of the company handbook is a starting point. The best thing to do is defend the case against you and then offer to resign.

 

It may be shortsighted but i'm not interested in finding other work.

 

Can I definitely not resign?

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Not saying you cannot. Just said they have the right to refuse until diciplinary process is complete.

 

You could throw yourself on their mercy. Accept u did wrong but did not realise. Suggest it might help the business to introduce a policy for email and social media so everyone knows where they stand and potentially save company time and money.

 

You coulf you are dead set on leaving you could try asking for the right to resign in order to save company time n resources.

 

A lot will depend on the nature of your side business. If it conflicts with your employer you are screwed imo

 

My side business has absolutely no conflict with my current employer.

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Yes, you would be expected to work your notice.

 

I'm not quite sure what advice you are looking for as you seem to have asettled on a course of action, no matter what ayone else suggests. Can you clarify what you need to know please.

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Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Yes, you would be expected to work your notice.

 

I'm not quite sure what advice you are looking for as you seem to have asettled on a course of action, no matter what ayone else suggests. Can you clarify what you need to know please.

 

Yes I don't want to return to work so I simply need to know if by law do I have to return?

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Hi. I think if you leave the employer in the lurch and they have to employ a temp for example, they could come after you for compensation.

 

If you don't mind my saying, I'm not sure burying your head in the sand like this is going to get you the best result.

 

HB


Illegitimi non carborundum

 

 

 

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it's a free country so they cannot chain you to the desk. As HB says they can rightly come after you for any loss. And they can give you an extra special reference saying "resigned under investigation for GMC which was later upheld in his absence, and refused to work notice." Which I think would pretty much render you unemployable and preclude claiming any benefits, etc.

 

Compared to, say, a nice chat saying "look, I know I stuffed up, but I don't think it's as extreme as GMC...I don't really want to come back and you don't want to have me.. can we come to an agreement on this?"

 

One is the act of a petulant child, and one is the act of an adult.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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it's a free country so they cannot chain you to the desk. As HB says they can rightly come after you for any loss. And they can give you an extra special reference saying "resigned under investigation for GMC which was later upheld in his absence, and refused to work notice." Which I think would pretty much render you unemployable and preclude claiming any benefits, etc.

 

Compared to, say, a nice chat saying "look, I know I stuffed up, but I don't think it's as extreme as GMC...I don't really want to come back and you don't want to have me.. can we come to an agreement on this?"

 

One is the act of a petulant child, and one is the act of an adult.

 

Thanks for all the advice.

 

I think having slept on it I'm more inclined to attempt the latter.

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I'm sure that's for the best. Do let us know how you get on?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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