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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50179
Experience:  Qualified Employment Solicitor
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I'm facing a disciplinary action from my employer however they have not done the inv

Customer Question

I'm facing a disciplinary action from
my employer however they have not done the invistigation yet. can I prepare a resignation letter and talk to the them that I will admit it's my mistake and I would like to resign and ask them if please that when I look for another job they won't blemish my reference?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
will that be possible?
to say that I'll make a deal
with them?
Customer: replied 2 years ago.
I have been working there for 6 years now,
it just happen last night, I was so stupid I took a bottle of wine.
Customer: replied 2 years ago.
Ben working their for 6 years
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
There is certainly nothing stopping you from approaching them and trying to make some sort of deal with them. However, you cannot force them to do so. You could make this offer appealing to them by telling them that it just puts an end to the matter immediately and it would save them time and resources from conducting an investigation and potentially pursuing a disciplinary. So it would be in the best interest of all parties involved just to allow you to do that. However, if they do not allow that then you only have the following options:
• Stay in the job and allow them to investigate the allegations. You are protected against unfair dismissal so your employer would need to conduct a reasonable investigation and form a genuine belief you were guilty and also show that dismissing you was a reasonable outcome. There is no guarantee they will actually proceed with dismissal so you could get away with a written or final warning.
• You could still leave with immediate effect even if the employer refuses your request. You would technically be in breach of contract though and the employer could still state in a reference that you had left in breach of contract and pending disciplinary investigation so any new employer could draw their own inferences from that.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer 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? I just need to know whether you need further help or if I can close the question? Thank you