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Jenny McKenzie
Jenny McKenzie,
Category: UK Employment Law
Satisfied Customers: 6305
Experience:  10 Years of experience in Employment Law and HR
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I have worked last 6 years. i have

Customer Question

hello. I have worked for tesco for the last 6 years. i have a disciplinary hearing today about the alleged collusion and i know that the verdict will be to dismiss me. should i go for the meeting or just send my resignation before the meeting commences?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today.
It is up to you whether you chose to resign or to go ahead with the meeting. If you are uncomfortable with the idea of attending the hearing then you could resign. You have said you feel you will be dismissed anyway but you do not know for sure unless you do attend the meeting.
If you are considering the effect on your reference then it may not assist you to resign as the employer can state in a reference that you resigned pending a gross misconduct disciplinary hearing.
The other negative effect on resigning could be on your ability to claim job seeker benefits as you normally need to show that you have not decided to leave your job.
If you have any further questions please do ask.If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
but in case of a dismissal, that will also adversely effect my employability in the future.
Expert:  Jenny McKenzie replied 1 year ago.
Of course it will, I was just pointing out that resigning may not solve your problem regarding a reference so any decision you make should be in the knowlege of that fact.
If there are any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
but i know that they are thinking to dismiss me from the job without proving that i have done anything wrong. they are doing it on the basis of assumptions, co-incidences and hearsay from the people
Expert:  Jenny McKenzie replied 1 year ago.
Hi you did not say that in your original question, in order to fairly terminate your employment your employer needs to have reasonable belief that you have committed an act of gross misconduct. The test is not the same as in a criminal matter which is where they have to prove beyond reasonable doubt however they should have some 'evidence' that you have done it.
If there is doubt then you should defend yourself by showing why it was not you.
If they still terminate you can appeal against the dismissal and potentially claim unfair dismissal.

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