Disciplinary

[fletch70]

A fairly vague and general question I am afraid

 

You are told that a colleague (same grade) needs a word with you. The meeting starts and you are then told that it will continue after what you would consider normal working hours. You tell them that due to family commitments you can not remain and after a heated discussion you hand your keys over and go home. You then receive a letter saying you had walked out of an investigation meeting that could have been about gross misconduct but they need your resignation by a certain date.

Where do you stand.

 

My interpretation is that

a) you were never told it was an investigation

b) There was only yourself and an equal grade colleague there

c) They can ask but you are not obliged to resign

d) So long as you provide sick notes as per your companies policy you should be paid as per policy

 

Any thoughts please

[Emmzzi]

the grade of the investigating officer isn't relevant.

 

where do sick notes come into it?

[Bandit127]

I would write down copious notes from your experience. It could be the start of something that you will need an accurate account of.

 

Was this a "return to work" interview? If not, please provide some more background. With more precision in your account you will get more precise advice.

[fletch70]

The person has not resigned or been aacked or suspended but after the event with family pressures us not well.

[Emmzzi]

they cannot be made to resign however sick pay may be discretionary so the contract needs checking.

 

the employer can also hold a heaing in absentia if they choose.

[fletch70]

Emmzzi

Personally I think that the company is on very dodgy ground legally. The person concerned was not told it was an investigation meeting , there was no note taker. They have already appointed a replacement . If they want to hold a hearing without this person they must, I believe give this person the opportunity to attend .

As they always pay sick pay they would be on dodgy ground if they now refused to pay it

I do not believe that the "crime" is even gross misconduct -it would be a performance/training issue and there are 15 unblemished years service.

I would however value your opinion . I do not really want to say more on an open forum as I do not want to cause anymore grief for the person concerned

[Emmzzi]

well, as you know misconduct is unrelated to previous behaviour!

 

yes, the company need to give an opportunity to attend - but can hold in absentia if sickness prevents.

 

Personally I'd get in and get it over and done with. Draging it out with sick leave is seldom useful, especially unpaid.

[fletch70]

Thanks Emmzzi

TBH I think there may be a case of misconduct but not gross misconduct. It is the whole way that the company has handled this, asking for a resignation, replacing the person etc etc

If there is an investigation for gross misconduct shouldn't you be told at the time you are interviewed and then suspended on full pay pending the outcome. I believe that is the ACAS code of conduct which a large company should be adhering to

[Emmzzi]

I wouldn't state at the investigation stage the severity of the charges as there may not end up being any. But there should be a proper hearing. Suspension isnt mandatory.

 

Just to check the company aren't offering a clean reference in return for resignation? Sometimes worth it if there has been misconduct....