UK Employment Law

UK employment law questions answered by verified Experts

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

I am currently suspended and have been notified of disciplinary…

I am currently suspended and...
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?
Show More
Show Less
Ask Your Own UK Employment Law Question
Answered in 6 minutes by:
7/3/2013
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
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.
Ask Your Own UK Employment Law Question
Customer reply replied 5 years 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?

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
Category: UK Employment Law
Satisfied Customers: 6,475
Experience: 10 Years of experience in Employment Law and HR
Verified
Jenny McKenzie and 87 other UK Employment Law Specialists are ready to help you
Ask your own question now
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.
Ask Your Own UK Employment Law Question
Customer reply replied 5 years ago

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

This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Customer reply replied 5 years 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

This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Customer reply replied 5 years ago

Thank you Jenny I will come back to you

This answer is protected
Would you like to ask this question?
If you've already paid for this answer, simply Login.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Jenny McKenzie Your Own Question
Jenny McKenzie
Jenny McKenzie
Jenny McKenzie
Category: UK Employment Law
Satisfied Customers: 6,475
6,475 Satisfied Customers
Experience: 10 Years of experience in Employment Law and HR

Jenny McKenzie is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,071 satisfied customers

Qualified Employment Solicitor

Jenny McKenzie

Jenny McKenzie

6,475 satisfied customers

10 Years of experience in Employment Law and HR

UKSolicitorJA

UKSolicitorJA

Solicitor

390 satisfied customers

solicitor

John Knox

John Knox

Solicitor

72 satisfied customers

Solicitor and Advocate

Kasare

Kasare

Solicitor

35 satisfied customers

LLB (Hons)

Buachaill

Buachaill

Barrister

24 satisfied customers

17 years experience

INC

INC

Solicitor-Advocate

22 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

< Previous | Next >

Related UK Employment Law Questions
I have been suspended by my employer for a discussion I had
I have been suspended by my employer for a discussion I had during a night out. It was related to alcohol and drugs etc. The next day I have been told I am suspended, and to go to meeting on Monday. T… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
We have an employee (A) who we have just found out that he
We have an employee (A) who we have just found out that he approached another employee (B) and A suggested to the B employee that a company who were advertising a role that this company would be inter… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Hi Having been employed by my employer for 2yrs 9 months,
Hi Having been employed by my employer for 2yrs 9 months, I was suspended from work. I was suspended for several months, during which time I became unwell and produced sick notes for my employer. My e… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
My employer suspended me for 3 days and then stated that it
My employer suspended me for 3 days and then stated that it was due to stress I had from work. We had a meeting and she repeatedly stated that I could leave if I was not happy. We agreed to me returni… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have been invited to a disciplinary meeting relating to gross
I have been invited to a disciplinary meeting relating to gross misconduct relating to bonus fraud within the sales job I currently do. I have not been suspended and allowed to continue my role withou… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Currently my partner is suspended from work for an alleged
Currently my partner is suspended from work for an alleged act of gross-misconduct in England. The violation was for refunding a customer without going through the proper procedures. It turned out thi… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
i have been given a suspension letter dated 110912 saying
i have been given a suspension letter dated 110912 saying . i am writing to confirm that, following our meeting held on 11 srptember , as of the date of this letter, you suspended from work until furt… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I work for a company where a line manager briefly questioned
I work for a company where a line manager briefly questioned my performance. We discussed a lesser role where on I offered my resignation (3 months Notice) to which he refused. Shortly after, I accept… read more
Jenny McKenzie
Jenny McKenzie
Vocational, Technical or Trade Scho
6,475 satisfied customers
I am suspended from work pending a disciplinary for gross misconduct,
I am suspended from work pending a disciplinary for gross misconduct, during my suspension the line manager who suspended me asked me to do some work that took about two hours does this effect the pos… read more
Kasare
Kasare
Solicitor
Bachelor's Degree
35 satisfied customers
I have an employee who has 3 accounts of gross misconduct last
I have an employee who has 3 accounts of gross misconduct last week. 1st being awol with a late morning text to say 'will not be in rest of week' 2nd being upon returning to work a discussion which re… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I was due to have a disaplinary due to a member of staff having
I was due to have a disaplinary due to a member of staff having made a complaint against me and someone else then we were suspended later that week for supossed new evidence, i have received the paper… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
My daughter was dismissed for gross misconduct at disciplinary
My daughter was dismissed for gross misconduct at disciplinary hearing on 7/10/11 as a consequence of terminating calls - she works in a call centre. There were also 2 other people within my daughters… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
My company handbook states Where it is believed that an
My company handbook states: "Where it is believed that an employee is responsible for Gross Misconduct there must be no delay in addressing the issue. The individual will be interviewed in an office a… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Hi,I have been suspended on full paying pending a disciplinary
Hi,I have been suspended on full paying pending a disciplinary hearing for gross misconduct. I have in advertently over claimed 420 miles on my expenses over 9 months. Total cost of the over claim is … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Ive worked as a mortgage adviser for a Bank for 33years and
Ive worked as a mortgage adviser for a Bank for 33years and have just been suspended for gross misconduct- they said Ive falsified a customer employment reference when I hadnt but admit didnt check it… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
I have been offered gross misconduct or resignation by my director
I have been offered gross misconduct or resignation by my director this morning. I am fairly senior and have been identified as sending my direct reports links to external jobs. I have done this but I… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
Our company employs drivers to collect goods and bring them
Our company employs drivers to collect goods and bring them to our site. One of our drivers whilst on a normal collect circuit, asked one of our clients if they could let him have for his personal use… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,071 satisfied customers
i asked this question and am waiting for answer e abut I would
i asked this question and am waiting for answer e abut I would appreciate it if someone could answer fairly quickly please. My son was advised by letter last Friday to attend a disciplinary meeting ne… read more
John Knox
John Knox
Solicitor
Post-graduate diploma in law
72 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x