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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71402
Experience:  Qualified Employment Solicitor
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I am in a disciplinary process, I have been asked to attend

Customer Question

Hi I am in a disciplinary process
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: I have been asked to attend a disciplinary meeting after an investigation was carried out the charge is sending an offensive email to a customer and not resolving the issue within a timely matter
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 21 days ago.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 21 days ago.
what is the best way to progress this ? should I resign as I am sure my line manager has already made his mind up or if I go through the process I will end up with a Gross Misconduct charge which will make it almost impossible to find work in the future
Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

How long have you worked there for?

Customer: replied 21 days ago.
5 years
Expert:  Ben Jones replied 21 days ago.

Thank you very much for clarifying. When is the disciplinary hearing and how much do you need to give to resign?

Customer: replied 21 days ago.
Disciplinary meeting is Weds 11th 9.30am. My contract says I have to give 2 months notice.
Expert:  Ben Jones replied 21 days ago.

Thank you. Whilst I cannot tell you whether to resign or face the charges, I can advise on your options.

Firstly you can stay with the employer and defend the allegations as best as you can and hope that the employer does not go on to dismiss. If they do, you will have the right to appeal to get the whole decision looked at by someone new and decide if it is fair or not.

You could also resign at any time but would be expected to honour your notice period. As that is 2 months, it does mean the employer could still proceed with the disciplinary in the meantime and dismiss you before the end of the notice period, meaning the official reason for termination would still be dismissal. You could leave with immediate effect but that will be a breach of contract.

Finally, you can approach the employer to suggest that you are allowed to leave voluntarily and in turn they drop the disciplinary charges and you both go your own separate ways amicably. However, you cannot force them to do so. Nevertheless the best way to approach this is to remind them that you do not expect the rest of your notice pay for being released early and they also will not be easting time and resources on the disciplinary.

Expert:  Ben Jones replied 21 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.