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Jo C.
Jo C., Barrister
Category: UK Law
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Experience:  Over 5 years in practice.
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I am currently suspended from work pending a disciplinary hearing

Customer Question

I am currently suspended from work pending a disciplinary hearing which takes places tomorrow. (for a procedural mistake that i admit i did make) I am due to retire next year and suffer from ill-- health as i am diabetic. I have been so worried that have seen my doctor several times whilst suspended who has given me doctors note today. If i am signed off sick, what will happen? (as i have been offered the option to resign to avoid being dismissed) will i still have this option or can i be dismissed whilst on sick leave? I just want to resign to stop all this stress but am being advised not to by my doctor.
I would be very gratefu for your advice,
Thanks
John
Submitted: 5 years ago.
Category: UK Law
Expert:  Jo C. replied 5 years ago.

Hi

 

Signing off sick will not prevent disciplinary procedures taking their course ultimately.

 

To be fair, many companies operate a policy of not pursuing disciplinaries while a person is off sick. But if this is to be a long term arrangement they are free to carry on with the investigation and dismissal.

 

To be wholly honest with you, although this is a horrible its not going to go away and it would be much better to get it over with tomorrow.

 

You could resign. That would put you in a better position in relation to looking for other work. Don't worry about your doctor's advice. He probably doesn't know much about employment law.

Customer: replied 5 years ago.

Thank you, XXXXX XXXXX sense. One last question- if i resign, will I get paid a months notice if they won't let me come back and work my notice?

thanks

John

Expert:  Jo C. replied 5 years ago.


If they accept your resignation letter they are under an obligation to pay you for your notice period.

 

If you think you will be dismissed, its probably a good idea to resign. It will mean that you cannot claim at the tribunal - which is one reason that your employer would probably be delighted to have you do that - but it will mean that you have a better chance of securing other work.

Jo C., Barrister
Category: UK Law
Satisfied Customers: 65244
Experience: Over 5 years in practice.
Jo C. and 2 other UK Law Specialists are ready to help you
Customer: replied 5 years ago.
Can I resign prior to the hearing - ie over the telephone today or do i have to go in person?
Expert:  Jo C. replied 5 years ago.

 

Just do it over the telephone and send a letter in. You could probably email it as well.

 

I'm sure they would love to accept it because it absolves them of responsibility and liability for this.

Customer: replied 5 years ago.

I just called to hand in my notice and was told that as I am suspended from work, no notice period is required on either side - can that be right?

thanks

Expert:  Jo C. replied 5 years ago.

Hi

 

I dont think it is really but its not a point worth taking in this case.

 

At least you can find work and won't have to tell them you've been dismissed.

 

 

Customer: replied 5 years ago.
I don't agree with that- it is still a months salary i won't be getting! Surely that is a point worth taking?
Expert:  Jo C. replied 5 years ago.

 

Well, if you push them to it they might revive the disciplinary matters.

 

If you want to fight it you can complain about an unlawful deduction to the tribunal. But I would walk away if I were you.

 

You can always confirm this with ACAS but this isn't really a matter of strict enforcement of your rights. Its an issue of choosing a particular course of action to stop them doing something worse.

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Jo C.
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