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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75168
Experience:  Qualified Employment Solicitor
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If I go to a disciplinary meeting where it could be gross

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If I go to a disciplinary meeting where it could be gross misconduct,
It’s a he said she said I have 8 years service -but I’m struggling to prove I didn’t say what they said I have -I haven’t done anything wrong but am struggling to prove this .But I have enough grounds & evidence on breaking working time regulations for constructive dismissal against my company.
Being forced to work 14 days in a row when I’ve a 45 hr per week contract that says 5out of 7 and I worked 126 in 14 days and got one day offDo you think they will accept my resignation without notice in the disciplinary -and just draw a line under this matter ?

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.

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 as soon as I can. Thanks

Customer: replied 14 days ago.
If I can resign in the hearing-I just don’t think I can win as it’s two ppl on separate days with only one was in with me at a time making v serious allegations about something I said but I didn’t say it .
However I can’t prove it -I feel I might get dismissed-so I’d rather resign without notice, before the hearing is concluded-can they still dismiss me post this
And can they refuse to give me a reference
Customer: replied 14 days ago.
I don’t want to call

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.

Whilst allowing you to resign at, or before, the hearing is always an option, there is never a guarantee that it will happen and, in the end, it depends entirely on the employer. So all you can realistically do is propose that to them and see what their response is.

In any event, if you wanted to argue constructive dismissal, you can resign without their consent before the hearing anyway. The whole point of constructive dismissal is that you argue the employer has committed a serious breach of contract and you are relying on that to leave your employment with immediate effect. So based on the hours issue, you could rely on that to argue constructive dismissal and resign without notice, without even having to agree it with the employer or get them to approve it.

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.

Customer: replied 13 days ago.
Thank you

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best

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