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I have been summoned to a disciplinary hearing on Monday and

this may result in a...
I have been summoned to a disciplinary hearing on Monday and this may result in a dismissal. I have the following questions :

1. In terms of my notice period and pay, would it be in my interest to resign and be paid one months notice instead of being dismissed?
2. As my company has instigated the disciplinary hearing, am I obliged to attend this, or may I resign before this hearing?
3. If I were to be dismissed and a future employer requested a reference from my current employer, would my current employer be obliged/allowed to discuss my dismissal?
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Answered in 41 minutes by:
1/23/2010
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7,631
Experience: BA (Hons), PgDip, Practising Solicitor
Verified

DearCustomer

 

Thank you for your question. Using your numbering:-

 

1) No, your employer must give you notice when they dismiss you, they are only allowed to dismiss you if they summarily dismiss you. This happens when an employee commits a repudiatory (very serious) breach of contract. (eg. gross misconduct, theft from employer, revealing trade secrets, gross negligence). Upon dismissal they will either make you work your notice period or offer to pay you in lieu of that notice period

 

2) It is sensible for you to attend this and certainly if you are intending to make a claim against your employer (how long have you been employed at the company?) for unfair dismissal or wrongful dismissal (which depends on how long you have been employed). You are not obliged but if you do not attend it may prejudice any future claim you issue against them. You can choose to be accompanied to every meeting under in the procedure.

 

You can resign if you wish, but it does not really give you any advantage unless you simply "want out" of the job and the hassle of the disciplinary procedure. The employer must be fair throughout the disciplinary procedure so I should have thought it would be worth you attending, if they are not fair this will impact badly against them in the event that you were to bring a claim against them. You will have to give the notice period under your contract.

 

3 Your employer can refuse to give a reference, the give a reference they are under a duty to provide an accurate one which does not mislead the prospective employer. In all likelihood they will want to avoid speaking about the disciplinary process - if it is misleading it could amount to defamation in which case you could claim for libel

 

If this has been helpful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

 

Kind regards,

 

 

Tom

 

3

 

 

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Customer reply replied 7 years ago

Hi Thomas

 

Thanks for the advice.

 

In respect of question 1 - I am a bit confused as to your response. In terms of dismissal, are you saying that summary dismissal has no notice period at all or that you are only ever allowed to be dismissed under summary dismissal and in ANY instance of being dismissed, you are entitled to a month notice?

 

Regards

 

Justin

Hi Justin,

 

Sorry, probably didn't read to clearly upon reflection.

 

Summary dismissal is dismissal without notice, this is instant, on-the-spot dismissal without a notice period.

 

Where the employer terminates in any other circumstance it is plain "dismissal" and they are obliged to give you your notice period (or pay you in lieu of that notice period if they are so empowered under your employment contract, or if it isn't but you agree to be paid in lieu).

 

I hope this clears things up, if so please click accept.

 

Regards,

 

Tom

Thomas
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Experience: BA (Hons), PgDip, Practising Solicitor
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