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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49857
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have just been suspended for alleged gross misconduct and

Customer Question

I have just been suspended for alleged gross misconduct and am concerned that I will be terminated. If I resign whilst this is still in the investigatory stages are the company obliged to pay me my contractual notice?

Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how your notice period?
Customer: replied 4 years ago.
My notice period is 6 months.
Expert:  Ben Jones replied 4 years ago.
Whilst you can resign at this stage of the proceedings, you will be expected to work your full notice period. However, 6 months is a rather long time and in this period the employer can still go ahead with the disciplinary process and if they find you guilty they can still dismiss you whilst you are working your notice. If you are dismissed for gross misconduct then the employer can terminate your employment immediately and they will not have to pay you for the remainder of your notice period. So there is unfortunately no guarantee that you will get paid for the full 6 months
Customer: replied 4 years ago.
For Ben Jones only

Is there no way round it then?

Expert:  Ben Jones replied 4 years ago.
You can try to negotiate an early exit with them but they do not have to agree to it unfortunately