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Ben Jones, UK Lawyer
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Hi. I am facing a disciplinary hearing at work for Gross Misconduct

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Hi. I am facing a disciplinary hearing at work for Gross Misconduct (breach of trust). I lied about attending an appointment with a customer stating to my manager that I had when I hadnt. I have been unhappy in my job for a while and at this point would prefer to resign prior to the hearing to allow for a clean reference. This is the first disciplinary incident in my 2 years with my employer but feel i would be happier to just move on. Can I resign before the hearing and will the disciplinary be noted on future references? Thank you



There is nothing stopping you from resigning now by giving the appropriate notice but that does not mean that you will leave with a clean reference. Whilst an employer can't lie when giving reference they are entitled to state any factual information they like. So even if you leave before the disciplinary then they can provide a reference in the future stating that you were due to face a disciplinary for potential gross misconduct but that never went ahead as you left the company.


Whilst your reference would not say that you were dismissed, there is no way of guaranteeing that they won't say you resigned pending disciplinary action as that is factually true.


the final decision I'm afraid will come down to you and will be a judgment call rather than anything else because legally you are entitled to either options - to stay or to resign.


I hope this helps. Kindly press the Accept button if you found my advice useful. You will still be able to ask follow-up questions. Thank you.



Customer: replied 7 years ago.
If i resign giving 4 weeks notice as stated in my contract and my disciplinary is on fri 19th, am i entitled to pay for the notice period if handed in prior to that date? This should be my final question. Thanks

Technically yes, but your employer can still carry on with the disciplinary procedure and unless you have any genuine reasons for not attending they can take a decision in your absence. If you are dismissed for gross misconduct then they don't have to give you notice so you can end up being dismissed and get no notice pay.


However if the disciplinary goes ahead you will get the chance to appeal, even if you no longer work there. I would use the appeal to claim your notice pay and also if possible to try and negotiate a compromise agreement where you can agree on what reference your employer will give you in the future. There is no guarantee that they will agree to that but it is definitely worth a try.

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