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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75021
Experience:  Qualified Solicitor
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I have resigned from a nursery job but I have a disaplinary

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Hi I have resigned from a nursery job but I have a disaplinary hearing. Can they turn my resignation into a dismissal
JA: Where are you? It matters because laws vary by location.
Customer: The UK
JA: What steps have you taken so far?
Customer: I put my resignation in and the employer have said that a disaplinary hearing will need to take place
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Some of the things In the evidence the employer has provided are untrue

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.

How long have you worked there for? 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 7 days ago.
I have worked the over about 1 year and a half but I've been with the company for over 3 years

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

When you resign, you are required to serve your notice period and you continue being employed for the duration of that notice. During that time, your employer can still proceed with a disciplinary hearing, if they feel it is necessary to do so. Should they decide to dismiss you, whether the official reason for the termination becomes a dismissal will depend on the nature of such dismissal. If it is a gross misconduct dismissal, then your employment terminates immediately, without notice and you would officially have been dismissed.

If it is not a gross misconduct dismissal, the employer is still required to give you notice and whilst they can do so, your employment will terminate before their notice expires and you would still be treated as having resigned, rather than having been dismissed (unless the notice period due by the employer is shorter than the remainder of your notice period, in which case once the employer’s notice expires, you would still be treated as having been dismissed).

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 7 days ago.
Okay 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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