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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
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Employment law... I am a serving police officer. My ex

Resolved Question:

employment law... I am a serving police officer. My ex partner who joined the organisation also and 2 months in wanted a seperation. We split I communicated wanting to know why. Nxt minute i had inspector telling me that I could not communiate... after approx 10 days we communicated. However in the 3rd week she contacted my sgt. This went higher and because of crime recordings it was crimed as harassment and shes made a staement. No violence not even one word malicious but i was interviewed and CPS have decided to run it! I believe simply because i am a police officer. Ive pleaded not guilty and court date 31st Aug. I was served gross misconduct papers for going against just words of the inspector after being asked not to communicate with my partner.
Anyway shortening the story. Ive had enough got offered another job and ready just to resign. Ive been informed . No i Cant no whilst there is an investigation. I want to go and ready to resign anyway. Can they Stop me? Can I leave hand in my resignation and get on with my life. What police want to speak to me about and only after the case is finished no matter what the outcome is that I communicated after simply being told not to.. No officail notice. Just a signed note book entry that I had been spoken to.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
HI Ben
Expert:  Ben Jones replied 1 year ago.
Hi there. Please can you tell me how long you have been employed in your position? Thanks.
Customer: replied 1 year ago.
Nearly 14 yrs
Expert:  Ben Jones replied 1 year ago.
Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. There are actually specific regulations which prevent police officers from resigning in order to avoid being dismissed. This was a law introduced at the beginning of 2015 under the Police (Conduct) (Amendment) Regulations 2014. The Regulations basically do not allow for officers to tender their resignation whilst under investigation, save for on grounds of ill-health or in exceptional circumstances. Under Regulation 10A any officer under investigation for either misconduct or gross misconduct may only resign with the consent of the appropriate authority (that being the Chief Constable). Also such consent can only be given if the reasons are grounds of ill health or exceptional circumstances but unfortunately what would amount to the latter is not defined in law. So this is most likely why you are not being allowed to resign at present, because you are under investigation for misconduct and until this matter is resolved the employer can prevent you from tendering your resignation. It could well be that this whole matter will not go very far and the allegations could be dropped but until that decision is formally made they could keep you employed under the legal Regulations mentioned above. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 1 year ago.
I am still thinking of leaving and not going back to work. And starting a new job...
What can the police do to prevent me Leaving and not going back anyway?
Customer: replied 1 year ago.
I understand if it's a tax issue getting paid from 2 jobs but if my new employer is happy I start and doing job for them. What really can stop me and not returning to the police and as I don't want to return anyway they can hold any hearing with professional standards in my abscence I believe? I'm of the understanding they only if my new employer looked for reference from police it's understanding they will just disclose details... What is there if any other consequences please?
Expert:  Ben Jones replied 1 year ago.
No one can physically force you to continue working somewhere so it is not like they can march you back into work and make you continue your job. Whilst the Regulations do not specifically state what the employer can do in the circumstances, what would most likely happen is that legally your resignation will not be valid so you will remain an employee of theirs until they have terminated your employment either by accepting the resignation or dismissing you. If you refuse to attend any meetings in the meantime then they can hold them in your absence if needed. So the repercussions are only if you get a reference from them, for tax purposes and also if you are trying to work for the police again in the future that you may be prevented from doing so . If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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