Suspended pending dismissal for Gross Misconduct **UPDATE**

Rylynn

Torry_Quine wrote: »

They don't risk getting sued if they tell the truth that the person resigned while under investigation.

I agree, and as the OP said that she/he has been told that her company give detailed references I would not be taking any chances on telling lies to anyone, the DWP or a new employer, although I would not put it on a CV but explain when asked at an interview.

I could tell my son to resign before they sack him, I have no intention of doing that. He made a mistake like this person and facing the music for me is the best way forward, even if it ends in dismissal, a hard lesson to learn for anyone and hopefully it will not ruin this persons chances of finding another job.

Hiccups_2

ohreally wrote: »

Another option may be a compromise agreement (http://www.thompsons.law.co.uk/ltext/113-compromise-agreements.htm), where you can set out the terms of your exit and agree the content of a reference. This binds both parties.

I don't think the OP would get anywhere by asking for a compromise agreement. This is a genuine case of gross misconduct where even the OP is not disputed wrongdoing. The employer has nothing to gain in offering a compromise agreement as they can easily dismiss for GM. The OP has no "dirt" on them so to speak. I would be cautious about indicating that the OP is ready to leave, because that may just sway the decision maker's thoughts to the same outcome. IMO, it's far better to emphasize your loyalty to the company, previous good service and how much you love your job.

It might help the OP to think about mitigating circumstances (without trying to make it look like you're just making excuses). For example, perhaps the reason you covered up your mistake was that you didn't want to let anyone down? If you did something stupid, what made you do this, was it a tight deadline, pressure from another person / department?

The best strategy for the OP is to express genuine remorse and regret for the lapse in judgement; which seems to come across from the OP in this thread. Gross misconduct doesn't always have to end with a dismissal.

123helpme123

Thanks to all for the advice.

I'm just going to beg for forgiveness and hope they see I'm incredibly remorseful and wouldn't do it again. It might not be enough to keep my job, but it's worth a try. Again, it's just about being totally honest at all times.

I'm not a habitual liar or document forger. I have worked for the past 6 years in extremely regulated services and never been in any sort of trouble or done anything like this before. Hopefully that says a lot more about my working standard than my one act of total stupidity.

I did it as I didn't want to let my line manager down (which I've done ten fold now ) and then it all of a sudden became so extremely serious that I was scared of losing my job. I promised myself I wouldn't lie to my line managers face about it, and should it become a serious issue that I would admit it and I did. I shouldn't of ever done it and well... I don't think I've ever even so sorry for something I've done.

Ill update again once the hearings over. I hope I still have a job at the end of it.

Once again, thanks for the advice.

Rylynn

I think you have the right attitude and hopefully your employer will see this, and also consider your good work in the past, and accept that it is one mistake that you are extremely sorry for, I believe most people deserve second chance in life, and I think most of us can hold our hands up to making mistakes in our lives.

an9i77

There is something in it for the employer in letting the employee resign, this means there is no risk of being taken to a tribunal for unfair dismissal (assuming OP has been there long enough to acquire this right).

I work in HR and always advise my clients to seriously consider letting someone resign in such circumstances if they ask, as it cuts down on a lot of the graft of going through a disciplinary process and ensuring it is fair etc. Plus the hassle of getting an ET claim through the post. The only reason the employer really has to say no in such a circumstance (if they really do want to exit the employee) is if they are being vindictive and want to make the employee suffer the humiliation of a dismissal.

CFC

an9i77 wrote: »

There is something in it for the employer in letting the employee resign, this means there is no risk of being taken to a tribunal for unfair dismissal (assuming OP has been there long enough to acquire this right).

I work in HR and always advise my clients to seriously consider letting someone resign in such circumstances if they ask, as it cuts down on a lot of the graft of going through a disciplinary process and ensuring it is fair etc. Plus the hassle of getting an ET claim through the post. The only reason the employer really has to say no in such a circumstance (if they really do want to exit the employee) is if they are being vindictive and want to make the employee suffer the humiliation of a dismissal.

No employer can PREVENT a resignation, get real. You cannot drag people into work.

Some employers will put on the reference - resigned pending disciplinary. Some may put - refused to work notice period. Some will put nothing but employment dates and job title.

OP you need to find out what your HR policy is re references.

an9i77

CFC wrote: »

No employer can PREVENT a resignation, get real. You cannot drag people into work.

Some employers will put on the reference - resigned pending disciplinary. Some may put - refused to work notice period. Some will put nothing but employment dates and job title.

OP you need to find out what your HR policy is re references.

Actually if the employer can dismiss in absence if the employee resigns but refuses to work the notice period, as during the notice period they are still employed but absent from work without permission if they do not attend. So the resignation has not actually taken effect yet, the dismissal would occur before the resignation could take effect at the end of the notice period.

So it would technically go down as a dismissal not a resignation, if the employer wanted to do this.

I've seen it happen so know it can be done.

123helpme123

Thanks all. Just to be clear, I am fully aware of the laws that apply to my situation.

1. An employer can only give a true and factual reference. I.e resigned pending disciplinary. They can also state why the disciplinary was going to happen. I personally feel that this looks worse than actually facing the music and getting actually dismissed for it. Any employer I go to will ask for a reference, and either way it's not going to be great. I may as well see it through an then go from there.

2. I've spoken to ACAS this morning about compromise agreements as where I stand. Following this I contacted my line manager (whom I have a great relationship with) Who has shared that he doesn't think I will be dismissed for this, and if I am, there's an appeals process.

He also stated, on a personal note, that he would see it out and not to expect the worst, as I'm a very good employee. It's given me some hope at least.

He understands what happened and the reasons why I did it. Acas have advised me to make these mitigating factors clear at the disciplinary.

They aren't going to be vindictive towards me, and I doubt they would want to ruin any future career for me. I don't think any of this is about that. It's just about going through the proper Hr process.

On a separate note: around 5 months ago I took minutes for a HR meeting which actually involved another member of staff falsifying company records (extremely similar circumstances to myself) who penalty was to be demoted with a warning on file for 6 months.

As we have technically committed the same act of gross misconduct and actually admitted what we have done at practically the same time, hopefully this will set the precedent for how they deal with me.

Obviously I won't mention this unless I am dismissed, but I assume this would be important to include in an appeals letter if required at a later date?

ValHaller

123helpme123 wrote: »

On a separate note: around 5 months ago I took minutes for a HR meeting which actually involved another member of staff falsifying company records (extremely similar circumstances to myself) who penalty was to be demoted with a warning on file for 6 months.

As we have technically committed the same act of gross misconduct and actually admitted what we have done at practically the same time, hopefully this will set the precedent for how they deal with me.

Obviously I won't mention this unless I am dismissed, but I assume this would be important to include in an appeals letter if required at a later date?

You are thinking too far ahead. But this issue is a double edged sword - while it sets a precedent for the penalty to be expected, it also putts you in the position of prior knowledge of the employer's expectations, which increases your culpability.

Mistral001

If the OP is taking minutes of HR meetings then he/she will be in a quite a high position of trust within the firm I should have thought so when comparing yourself with others who have been discplined, you have to take that into account. Also I assume that you will not be able to discuss details of that meeting that you took minutes of, without geeting permission from the chair person of the meeting. So maybe better do this before risking being accused of breaking confidentiality. You do not want to compound your problems. The one thing in your favour is that you have come clean and admitted it.