Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What reason did they provide for suspending you and also, how long have you worked for this employer please?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. The employer cannot force you to resign and making such comments in the open before a disciplinary would suggest that they have already made up their mind over the outcome. This could make the whole disciplinary unfair as it shows no fair process was followed – they need to keep an open mind until the end of the disciplinary hearing and give you the chance to answer the allegations and defend yourself.
What you do now is up to you – you can consider resigning again as they have indicated and hope that this is the end of the matter and they stay true to their word this time. Alternatively, you can go through with the hearing and defend yourself as best as you can and see what the outcome is. If it was a dismissal, you could consider appealing first before making an unfair dismissal claim with the employment tribunal, bring up the issue that they may have made up their mind in advance based on what they said at the time.
It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with the employer as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.
Does this answer your query?
All the best