UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. You can resign at the hearing but you would be expected to serve your contractual notice period, which means that in the meantime the employer can still make a decision to dismiss you and that is what the official reason for termination would be.
So there would be no point in resigning, what if I failed to turn up at the hearing
if you failed to turn up without reasonable cause they can go ahead and make a decision in your absence
let me state what has happened to me in the past month with the company, then you might have some insight as to where I am at.
I was disciplined for dereliction of duty in as much as I failed to report an accident, which there was no accident, it was a member of staff who had been off sick, he returned to work to early after an operation. His fist shift back he complained at the start of shift to some of the employees he was in pain, I placed him at start of shift as a trainer to up skill personnel, he took it upon himself to scrape the oven bed with a scraper, at this time he must have over stretched, this caused more pain so he came to see me and I sent him home?
the company then disciplined me without an investigation and gave me a written warning. I appealed this but it was upheld, the day of my appeal they suspended me for another allegation this is the one I am facing today.
how long have you worked there for?
just over 4 years
there are a couple of options really - one is to resign with immediate effect citing constructive dismissal because the employer has failed to follow procedure and you believe they are treating you unfairly. The other is to still attend the hearing, defend yourself and see what the outcome is. You can then appeal and if unsuccessful, assuming it was a dismissal, you have the chance to consider a claim for unfair dismissal in the employment tribunal
The second allegation is very serious to them but it is a complete stich up and has been done with malice as far as I am concerned?
I cannot comment on the fairness of validity of this allegation - I have not been involved in the process and d not know who is right in this case. Whatever the allegation in order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:
This disciplinary is for Sexual harassment and inappropriate conduct?
that can be gross misconduct
but it depends on what the investigation finds
what evidence they have and they will make a decision based on that
yes I know it is a very serious allegation but it simply is not facts, please let me enlighten you for more than 3 years a number of staff mainly 4 supervisors and myself who is a shift manager have had a laugh and joke? nothing more but the person who has placed the grievance was the main participant in all the goings on, she is like a predator always trying to get a man. She met a man at wotk who is a Muslim and they don't condone that type of behaviour, so he got her to put in this allegation against only me?
I understand but the employer will have to investigate the allegations and will make a decision based on what they find, I cannot say what the outcome would be and you still have the chance to defend the allegations at the disciplinary. However this is a separate topic and going back to your original question - you can resign at the disciplinary or even before it but it does not mean the employer cannot still find you were guilty and claim you were dismissed
It sounds like I am in a no win situation here, I have know for some time that they no longer wanted me in the company?
whilst that may be the case it is certainly not the end of your legal rights - you can appeal the dismissal and after that can also consider a claim for unfair dismissal
Ok and thanks for your advise I may come back to you after the hearing regards Rob
yes please do if needed - always happy to help as required and you can also ask for me by name, all the best for now
Thank you if you finish the chat I can leave the ratings
you should be able to do so now, thank you
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