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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 5461
Experience:  Owner at James Bruce Solicitors
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Can I resign in the middle of a disciplinary hearing I am

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Can I resign in the middle of a disciplinary hearing I am currently on suspension
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: I am a female - 2 staff made serious allegations against me - around an incident that occurred- it is not sexist/racist or theft -Only we were present
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee manager 7 yrs service
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Will I be charged for this connection- I can’t get free advice anywhere -due to covid restricted services everywhere

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

yes you can resign during a disciplinary and whilst you are suspended.

Your resignation will not stop any ongoing investigation or disciplinary hearing from taking place.

If you resign, you would still need to work any notice period and if a disciplinary takes place, you can also be dismissed from the employer if they choose to.

Customer: replied 14 days ago.
Can I resign effective from that date, during the investigation.The allegations are not true ,I haven’t done what was said , I can disprove one to a point with cctv footage I have requested where their account does not match mine - however I can’t prove I did not say something they alledged I did
Customer: replied 14 days ago.
I can’t really afford that fee

When any employee resigns they are required to work there notice period. That would take effect from the day you tender you notice.

Sorry call offers are auto generated from the site, not from me. I am currently unavailable for calls, but more than happy to continue here.

Customer: replied 14 days ago.

Your welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

Customer: replied 14 days ago.
I have worked in the same industry for 34 years ,have a great cv if I am dismissed for gross misconduct it will affect my employment in the future-
Do you think if I go put my case forward -
My decision making ability was called into question.I have not been getting my days off as a store manager since April -just sporadically here and there no notice -I worked 126 hrs over 14 days and got 1day off -I have asked for all the time card etc for mitigation-as I’d reported to my line manager 2weeks before these allegations that happened after I was exhausted & needed a regular day off —I am contracted 45hrs and am supposed to work 5 out of 7 -we get paid for worked days off but I am being forced to work consecutively because I have no assistant manager
Customer: replied 14 days ago.
The working time regulations have been significantly breached - which I could claim constructive dismissal as I’ve complained to everyone but refused to put in a grievance against my area manager when HR suggested I should -now this incident not really related has happened- as it’s two staff in over separate days only me and them present-how on earth im supposed to defend myself on not saying doing something I am not sure ?
Customer: replied 14 days ago.
Only myself and one staff member on 2 consecutive days .

Then resigning and claiming constructive dismissal is likely to be a good option for you.

Customer: replied 14 days ago.
even if I give my answers -and before adjournment- for a decision-hand in my resignation with immediate effect -they can still sack me for gross misconduct?

As explained, you can resign, but still need to work your notice period that applies for constructive dismissal as well.

If a disciplinary takes place and they want to dismiss, yes they can.

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