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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46764
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi, I am in a big hole at the moment. I have comitted a serious

Resolved Question:

Hi,
I am in a big hole at the moment. I have comitted a serious breach of company policy at work. The company which is quoted on the Stock Exchange have followed protocol in supending me on full pay starting Monday 3rd March and invited me to attend an investigatory meeting last wednesday.
At that meeting I told lies in panic and in an attempt to try and save my job.
The evidence that they have is complete and has an audit trail, I am guilty of pretty much all of their allegations and as a consequence can expect to be sacked.
I have exemplary work records with the company as documented in my appraisals and my misdeeds were not of any criminality but that of breaking compay rules over a 6 year period.I have not used any inside information or stolen from anyone although I did benefit financially from my breach.
The next day Thursday I contacted my line manager with whom I have always had an excellent relationship but who now is really angered and embarrassed, in an off the record telephone conversation attempting to see if there was a way to salvage the situation at which time she said that did not want to talk if I was going to lie to her, at this time I admitted my guilt and asked for her help in resolving this, she told me that even if she could help me I would need to be honest with the department head who is conducting the investigation and I asked her to contact him on my behalf to that end.
I thought that I would hear from him on Friday but heard nothing adding more to my stress.
I spoke with the CAB on Monday 10th who urged me to seek advice from a employment solicitor and an appointment was made for Thursday 13th to see one and to speak with as many advisors as I could including ACAS. I spoke to ACAS and they mentioned that the option of a settlement agreement might be an way for me going forward and I have read and understand how this might work.
My company invited me back to continue with the investigation on Wednesday 12th March at which point I asked them if I could please rearrange till after I had spoken with the employment solicitor for advice. They agreed to this and suggested that I would be asked to return on Monday 17th March which I thanked them for.
The CAB contacted me just prior to the meeting and cancelled on me, I went into freefall panic at this time as I was pinning ALL my hopes on what to do and how best to proceed!
I contacted several employment solicitors in panic to seek advice and met with one in the afternoon.I thought that I would gain clarity but feel that I am now even more confused with my way forward and a process began with emails flying back and forward between myself,my employer and my solicitor.........I now feel that the waters are completely muddied.
There is a further complication in that the "Whistle Blower" a senior colleague new about this as far back as 2008 and that I have very sensitive information regarding a serious breach of his position!
The company are very consious of protecting the reputation and brand and whatever the outcome this could be a very bad news story in the making.
In order for me to have a chance at making a living going forward I am reliant on leaving on good terms and being able to have a working relationship with them and I will be under an incredible amount of pressure and questioning from people in the industry who may seek to gain capital from a bad news story emerging against the company.
Yesterday I spent the whole day listing where I am and have come to the following conclusions.
I am guilty as charged and my position is untennable.
I will have to leave the company by resigning.
What is the best way for me to proceed so as not to make matters any worse for myself or for the company which I have great respect for.
What I need to know is if I resign might I be invited to complete the investigation and am I best served to decline the invitation or to fully cooperate at this point from a legal point of view. I understand that I might receive no reference or indeed at best a poor one which is of concern but not key to me at the moment. Should I complete the investigation in an honest manner and then resign,can they take me to disciplinary after I resign.
They will probably want to "gag me" on this and to be quite frank I have no desire to go to war with them or become an issue to them,however I do not want leave myself open to being ostracised and with no right to defend myself and my story.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. how long have you worked there please?

Customer:

Since june 2005 and in my current role since January 2007.

Customer:

Hi Ben, please accept my apologies for not being polite to you.

Customer:

Hi Ben....

Ben Jones :

sorry I am having connection problems this morning.please leave it with me. I need to look up a few things and then get my advice ready. I will post back on here when done. There is no need to wait and you will receive an email when I have responded.

Customer:

Thanks..........I am on tenderhooks, I do not wish to pressure you,what is the longest time before you might reply please?

Ben Jones :

I should be able to get back to you some time after six this evening as I have a meeting this afternoon

Customer:

Many thanks Ben. Please bear in mind that my meeting is scheduled for tomorrow and obviously any advice I receive after midday tomorrow will not be of any use. I really appreciate your help and just want some clarity of thought for tomorrow. Best regards, Peter

Ben Jones :

Hello Peter, many thanks for your patience. Hopefully this will reach you in good time before the hearing tomorrow.


 


First of all I am sorry to hear about the situation you have found yourself in. However, there is no right or wrong way in resolving this because what may work with one employer may not necessarily work with another so it is partly going to be second-guessing their position and how they may wish to deal with this matter.


 


In terms of offering your resignation, there are a couple of possible outcomes of that. Firstly, you would be expected to work through your notice period. I presume that may be a few weeks at least. In that situation, you would continue to be an employee until its expiry and technically the employer could still proceed with the investigation and disciplinary in the meantime and even dismiss you before the end of your notice. So even though you would have initially resigned, the official reason for your termination could still be treated as a dismissal. I would not recommend that you ignore their attests to investigate r deal with this because it could amount to insubordination and give them further reasons to dismiss you.


 


Another option is that you agree with them that you resign and they let you go immediately, essentially forfeiting their right to expect a notice period from you. They may do so to save themselves the time and resources needed in dealing with the investigation and simply wishing to close this matter without any further time being spent on it. Some employers may be happy to do so, whilst others may be intent on pursuing this to the bitter end, so to speak. I cannot predict which camp your employers would fall into.


 


The settlement agreement is also an option. You both leave on a clean break in that case, they may just give you a small sum to leave and you will have to agree not to sue them in the future, then you both go your separate ways.


 


In any event, you would have to discuss your options with the employer as it is no good wanting to do something when they would object to it as it may make things worse for you. You may wish to be honest with them, admit your guilt and show remorse for your actions and ask for a respectful way out of this, most likely through one of the above-mentioned options. But I must stress again that these will only work with the employer’s blessing so try and come to some sort of an arrangement with them that works for both sides. Communication is the key here and you will be relying on the employer and their intentions on how to deal with this. Showing a willingness to leave without any fuss and reminding them that it means there would be no lengthy disciplinary procedure could be attractive for them to allow this to happen without there being a black mark against your name in terms of a dismissal.

Customer:

Ben, many thanks for your help. To be honest I wanted to resign and confess or confess and resign if it might have been be a better option. I have been in blind panic in this and your advice has helped me to see the path that I will now take. I will resign with contrition and ask them however they want to proceed that I will give full and honest account of my actions. Thank you once again best regards, Peter

Customer:

I will rate you as Excellent!!!!! Many thanks.

Ben Jones :

Thanks for getting back to me, I hope you get to resolve this to your satisfaction. All the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46764
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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