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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45359
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am attending a disciplinary hearing tomorrow, I fully expect

Resolved Question:

I am attending a disciplinary hearing tomorrow, I fully expect to be dismissed or issued a final written warning. I have raised a grievance against the company this week, prior to the hearing as I believe the allegations are unjust. However if I receive a warning, I believe the position is untenable as in the grievance I have had to discredit senior people with the company. do I resign straight away?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. can you give me some more information on your disciplinary and tell me how long you have been employed there please.
Customer: replied 1 year ago.
I have been employed since April 2013. allegations are Failure to carryout preventative controls set by the company which are standard requirement of the Operations Director Role-
Failed to carry out the duties of an Operations Director as expected within our business.
In light of your senior position, your failure to do so has resulted in a breakdown of trust with the company.I have raised a grievance as the duties were never communicated and I have evidence to support that non of the operations team followed these duties.
I had to discredit senior people in the grievance I have raised and will do in the disciplinary hearing
Customer: replied 1 year ago.
I have also suggested in the grievance the evidence from the investigation to be selective- i.e. they asked for copies of appraisals for which I have had 1. I gave them this. it states training requirements and a 6 and 12 month plan which was never followed up, none of this was in the evidence
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. Wether you resign is really up to you – only you know if you are willing to continue working there under the circumstances, assuming that you are not dismissed at the disciplinary. If you believe that your position is untenable and you would like to leave regardless of what happens, then you are able to resign straight away and before the disciplinary. You would usually be expected to work through your notice period, unless you were constructively dismissed in which case you can treat your contract as at an immediate end and the notice period clause in it would no longer apply.Your situation could potentially amount to constructive dismissal, which occurs when the following two elements are present:• Serious breach of contract by the employer; and• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).So if you wanted to leave with immediate effect you could state that you are treating yourself as being constructively dismissed. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45359
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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