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Pending Disciplinary for Gross Misconduct. Should i resign?

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I have been suspended from work and have a disciplinary meeting for Gross Misconduct on Monday to discuss it. The charges are trumped up, some are absolute lies. I can prove some are true but not others. Either way I'm fairly sure they want me out and they have enough evidence to do it. I don't care about losing the job but I really don't want a sacking on my record.

 

I have adequate savings so I'm not worried about not getting job seekers. I know I'm innocent of it all and so do the people that matter so I'm not worried about proving anything really. Is it better to resign? I've been told my company just give a very basic reference i.e 'he worked here from x date to x date' Would I have to do it with immediate effect on Monday morning?

 

Thanks in advance for any help/advice. This is a horrible time.

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If you leave without challenging it, you will make it seem as if you are completely guilty. If they were to give a reference it would be something like... resigned while under investigation for xxx. Your new employer wouldnt take well to it.

 

Can you give more info please. Are you in a union?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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What do you think resigning while under investigation gains you?

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I'm not in a Union. And as far as I know, my company only gives a basic reference if you were employed there, meaning if I resigned before the disciplinary they would just give me the basic one. Obviously if I was sacked that would be in the reference.

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I'm not in a Union. And as far as I know, my company only gives a basic reference if you were employed there, meaning if I resigned before the disciplinary they would just give me the basic one. Obviously if I was sacked that would be in the reference.

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And a basic reference could also be... did work here but resigned while under investigation.

 

Can I ask why you don't want to challenge It?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Can I ask why you don't want to challenge It?

 

For many they know they will be dismissed for Gross Misconduct and thus it is "safer" to avoid this pre-determined finding.

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And a basic reference could also be... did work here but resigned while under investigation.

 

Can I ask why you don't want to challenge It?

 

Well because if I have 'sacked' on my record it could permanently screw me. I've been told it's rare for companies to put on if someone left before the disciplinary. And I think my company is especially unlikely to.

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Hi.

 

Who told you that companies are unlikely to put the investigation on your reference please? It isn't the normal advice given here.

 

HB


Illegitimi non carborundum

 

 

 

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Hi.

 

Who told you that companies are unlikely to put the investigation on your reference please? It isn't the normal advice given here.

 

HB

 

It wasn't from here. It was from my own Googling, it could be wrong I don't know. The logic behind it was that they'd have little reason to do that since it doesn't effect them and it could cause them legal repercussions.

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Your employer can give any reference they want, as long as it is truthful and accurate.

 

So chances are your reference will be " xxx was employed as xxx between date A and sate B. xxx resigned from his position while under investigation for xxx"

 

it also could just state you were indeed employed and just mention a date. But are you willing to take that risk?


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I would say challenge it. You may only end up with a written or final warning and your job intact. Even if dismissed there are still doors open to you. You resign, everything is closed and youll likely get a negative reference too.

 

But at the end of the day, the choice is yours. Personally i would go all out challenging it if i knew they were wrong and lying.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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There is as well the above the option that you can Appeal.

 

Furthermore, have any other employees in your firm been found "guilty" of the same issues? Were they dismissed?

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Ok, a bit more detail about the allegations. are they about honesty or health and safety? Honesty can cover a multitude of sins from plain theft to false recording of data and breached of H&S aw/protocols would make a new employer wary of a possible liability so if they are trumped up them all the more reason to fight them.

 

I used the be a TU workplace rep, branch officer and safety rep but also ran small businesses so have a good idea in translating what is written on a reference into reality.

 

ie: "works well in the morning" tells me not to expect this person to come back from the pub at lunchtime in a state to do anything worthwhile afterwards. Also aprospective employer will phone the persons last manager and ask them questions aboutt heir personality, work ethic etc as that wont appear on a reference. You might claim that using such methods to decide not to employ a clock watching one trick pony is unfair but it is just one way of whitting down the shortlist.

 

If you can show the employer is just engineering a scenario to get rid of you and you have some job protection you can use that to your advantage to negotiate a mutual parting of the ways and probably get a bit of cash as well. Severance agreeemnts are normally confidential so a reference will just say left by mutual accord at worst.

 

If thedisciplinary is about quality of work/personal relationsships then they will be taken with a pinch of salt but the new employer will keep a beady eye on the new person to see if theyfall into the same patterna nd do somehting about it before too long so agin you need to address the matter rather than just think resugning makes it all go away

Edited by honeybee13
Paras

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depending on your profession they may have a legal duty to disclose.


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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