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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I am in the middle of a gross misconduct case against me at

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I am in the middle of a gross misconduct case against me at work. Conflict of Interest. Some of the allegations are true but some are not. I don't want them to contact anyone I have on my list as I don't want it to affect any other business I may do. Am I able to resign and not be required to provide this information?
Many thanks,

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today

How long have you worked there for and what is your notice period?

Customer: replied 1 year ago.
Hello Ben
I have worked there for 8 years and my notice period is 3 months

Hi there and thank you for your response; please leave it with me. I am travelling until late so I won't be able to reply until the morning. However, I will prepare my advice during this time and will get back to you at the earliest opportunity. There is no need to check on here as you will receive an email when I have responded. Thank you.

Customer: replied 1 year ago.
Thank you.

No problem at all.

Customer: replied 1 year ago.
Hi, do you mean there is no problem resigning?
Customer: replied 1 year ago.
It's rather urgent so could you get back to me please. Thank you.

Hi there, no sorry I was just responding to your ‘thank you’ As far as your query is concerned, you are able to resign at any point and the employer cannot refuse to accept your resignation. The issue is that you would be expected to work your notice period, otherwise you would be acting in breach of contract. With a notice period of 3 months your employer will have plenty of time to go through the disciplinary procedure and, if necessary, dismiss you for gross misconduct before your notice period run out. Even in these circumstances you cannot actually be forced to disclose the information they are after in relation to these allegations. They may ask you for it but you still can refuse to disclose that. It does mean that the employer can take this into account when coming to a decision and it will likely mean you are dismissed as a result but at least you would not have to fear any repercussions of the employer getting hold of this information. As mentioned, otherwise the option is that you resign without serving your notice period but that would place you in breach of contract.

This is your basic legal position. I have more detailed advice for you in terms of the legal position you would face if you leave in breach of contract, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 1 year ago.
Thank you so much. And I will leave a positive rating. I will also get back to you. The information is very helpful.

You are welcome, I can continue discussing this in more detail in relation to the breach of contract position, if you could please leave your rating then I can continue with that. Many thanks

Many thanks. If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.

So these are the main issues you need to worry about if you decide to leave without honouring your contractual notice period.

Customer: replied 1 year ago.
Thank you so much Ben. Your assistance has been most helpful indeed. This service is absolutely amazing.

Thanks for the kind feedback and all the best for now