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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 59740
Experience:  Qualified Employment Solicitor
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Are u to help with employees? Assistant: Was this discussed

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Are u to help with employees?
Assistant: Was this discussed with a manager or HR? Or with a lawyer?
Customer: My query regards ***** ***** with HR and amnagement
Assistant: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Just employees I think I'm a little out if my depth.
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Well I was suspended on weds 7th to be investigated, my area manager contacted me through a third party to tell me to resign first thing on the morning of my disciplinary hearing! I did so and they didn't accept saying I had to attend, due to being stressed I made a docs app and said I couldnt where do I stand?

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?

Customer: replied 1 month ago.
I've worked for the same company some 14 years the company has had a recent takeover. They gave me a suspension letter to be investigated the reason wasn't clear, they gave me a hearing date, and I was told by my manager I would be best off to resign, which I did, then HR said I couldnt as I had to give 4 weeks notice and was still employed by the company, and told with 40 mins warning to still attend, due to all the stress I said I couldnt and made a docs app? They said that the hearing would go on without me and if I gave my resignation again they would accept. I just don't know what to do I'm sick of them playing with my health!!
Customer: replied 1 month ago.
Are u there
Customer: replied 1 month ago.
Please can u answer me?

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.

Customer: replied 1 month ago.
Thank you

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?

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
Thank you love x

All the best