Resignation to dismissal

Louiseshaw22 wrote: »

I have now received a letter clearly stating the cases brought to me but I am concerned the same approach hasn't been taken with other members of staff, is this fair?

It doesn't matter if it's fair; it's not illegal.

Undervalued wrote: »

Well they can't stop you leaving at the end of your notice. However, if they consider you to be guilty of gross misconduct then you can be dismissed without notice so, if a disciplinary meeting is convened during your notice period and you are "found guilty", then your employment could end sooner.

If you have been employed for more than two years you could potentially challenge any dismissal if you feel it is (legally) unfair.

If less than two years then you cannot claim unfair dismissal (apart from under a very few circumstances) but you could still claim wrongful dismissal unless guilty of gross misconduct but all that you wield would be notice pay.

All that being true, of equal concern or even greater concern is your reference. They can't stop you resigning (with notice), but they can state that you resigned whilst under investigation for gross misconduct. Or even that you were dismissed for gross misconduct. If toy fail to mention this to potential new employers, and they found out, even after a job had been started, toy could be dismissed for not telling them.

So the obvious questions - apart from how long have you worked there? - would be why were you resigning before having another job to go to (which appears to be the case) and was that's a result of knowing they were looking for something/ would find something; and did you do it???

You must be clear that resigning first does not clear the way for you to fail to disclose this too future employers, or saying that you resigned whilst making no mention of the disciplinary. If you choose to withhold that information, that is a choice for you - but when/ if found out it could go a lot worse for you. Technically, a new employer could dismiss at any time, even months or years later if they found out that you withheld something this important. And unfortunately the truth has a way of catching up with people.