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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5072
Experience:  10 Years of experience in Employment Law and HR
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I was told by a investigating manager that I was to be investigated

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I was told by a investigating manager that I was to be investigated for misconduct where I could lose my job, I offered my resignation and asked if I could leave with a clean reference and work a six week notice period in order to help me have time to find a job. This was agreed as I was told no investigation had officially started. I was told as my line manager was on holiday to date it for the following Monday and base the six weeks from that date (I had this discussion on the Tuesday before the Monday) On the Friday my hr manager (same level as original investigating officer) told me that this offer was off the table and I was asked to either leave immediately or go into an investigation which I had to give an answer to, I panicked thinking of finance and went through with the investigation. I have been told by my line manager that my notice has been accepted from the Tuesday I first handed it in but that I am resigning under investigation and it will be counted from 4 weeks from the tuesday conversation, is this a fair outcome as I believe my future employment opportunities will be effected as I am resigning under investigation showing on my reference?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, on what date did your employment start?
Customer: replied 1 year ago.
I started June 2003 so have been working for company for 10 years
Expert:  Jenny McKenzie replied 1 year ago.
Were you told that this would be the case and are you guilty of the act of misconduct which is alleged?
Customer: replied 1 year ago.
I have been told my line manager who returned from holiday that I have 2 choices: to go ahead with the disciplinary hearing (which is due to take place next week) or resign under investigation. My line manager hinted that the hearing would lead to dismissal as I'm guilty of misconduct. My line manager has taken the resignation date to be last Monday (when I resigned before any investigation begun)
Expert:  Jenny McKenzie replied 1 year ago.
Hi you are in a difficult position if you are guilty of the act of misconduct this is because the employers only duty (in do far as references are concerned) is to be truthful and if you are resigning due to a disciplinary that is forthcoming then they are perfectly entitled to state this in a reference as it is factually correct.

It might be that you are able to either avoid using them as a referee or negotiate a reference which simply
States your dates of work. They may be willing to agree to this if you forgo your notice period.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give a positive rating . Thanks and all the best.
Customer: replied 1 year ago.
Many thanks for the advice, one final question is in terms of future employment is it more acceptable to resign under investigation or go ahead with the hearing and show dismissed on my reference?
Expert:  Jenny McKenzie replied 1 year ago.
Probably it is better to resign as you can state that you chose to do so as you felt the disciplinary was flawed. Obviously neither is ideal.

I would be grateful if you would giver answer a positive rating as I am not otherwise credited for my time.

All the best for the future.
Jenny McKenzie,
Satisfied Customers: 5072
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 3 other UK Employment Law Specialists are ready to help you

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