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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 5197
Experience:  10 Years of experience in Employment Law and HR
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I am currently suspended and have been notified of disciplinary

Customer Question

I am currently suspended and have been notified of disciplinary hearing to be held on the grounds of alleged gross misconduct if I resign before the meeting what happens? do the company have to accept my resignation?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer, if you resign before the hearing the employer will have to accept your resignation. It may then abandon the disciplinary hearing but it could chose to hear the disciplinary in your absence.

A decision to resign prior to a disciplinary hearing has an impact on you as the employer can refer to the fact that you have resigned pending a gross misonduct disciplinary hearing in any reference request.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give positive feedback. Thank you and all the best.
Customer: replied 1 year ago.

thank you for your reply given I am aged 62 and would not seek further employment the reference is nor relevant, can they impose any sanctions against me after resignation, if they still decide to carry on with hearing in my absence?

Expert:  Jenny McKenzie replied 1 year ago.
No, they cannot. The only sanction would be to dismiss you rather than allow you to resign. This will have no impact on you if you are not seeking further work.

The only possible scenario could be if you are a shareholder or have other benefits from the company which are impacted by being a 'bad leaver' rather than a 'good leaver'. This is quite unusual though so is not likely to apply to your employment.

I would be grateful if you would give my answer a positive rating as I am not otherwise credited for my time.
Jenny McKenzie,
Satisfied Customers: 5197
Experience: 10 Years of experience in Employment Law and HR
Jenny McKenzie and 5 other UK Employment Law Specialists are ready to help you
Expert:  Jenny McKenzie replied 1 year ago.
Sorry just to clarify as i think I may have been unclear. They must alllow you to resign but if they hold your disciplinary in your absence they may class your termination as a dismissal.

Hope that helps.
Customer: replied 1 year ago.

Thank you does it still mean they cannot place sanctions on me even though they term it dismissal

Expert:  Jenny McKenzie replied 1 year ago.
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Customer: replied 1 year ago.

jenny one further question in the alleged gross misconduct charge it, refers to the investigation and a recommendation that the company should reclaim commission payments from me and the value of a gift I received totalling £3000 if they try to claw back all the money £2850 commision and £150 for the gift, can this still be done when I have resigned the total is likely to be much less but it still is a worry

Expert:  Jenny McKenzie replied 1 year ago.
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Customer: replied 1 year ago.

Thank you Jenny I will come back to you

Expert:  Jenny McKenzie replied 1 year ago.
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