Gross Misconduct vs Resigned pending disciplinary hearing

Serena_Mason

I did say that I would come back and post what happened to me.........first thanks to everyone that shared their thoughts on my employment predicament. It gave me food for thought and helped me make a decision.

Two days ago on the morning of the formal disciplinary hearing I spoke to ACAS to check some details on tendering my resignation and then spoke with the regional manager who was to conduct the hearing later that day to ask if the Company would be agreeable to accept my resignation with immediate effect and discuss wording where a reference was concerned.

The Company were sympathetic to my embarrassment of the material of me that has come to light and accepted my apology to the Company which I extended to the Client also.

THE RESULT: My resignation was accepted and I was told HR did not discuss a wording of a reference because the Company have a policy that they do not reveal why an employee has left the Company, even if an employer requests this information. Therefore the Company said my resignation would not be mentioned on a reference.

The regional manager also confirmed that if my resignation was not from immediate effect, I would not be required to work out my notice and that during that notice period the disciplinary hearing would continue and could result in my dismissal.

However because my resignation was from immediate effect I was informed that the disciplinary hearing would not take place but that my written resignation was required either in person or by post. I chose to take mine in person later on that day.

When I gave my resignation letter in person to my line manager, he informed that the envelope of screen prints of me taken from web sites as evidence that was collated for the disciplinary hearing, had all been confidentially shredded. He did this personally he said and said that no images were held on my HR file. I am so glad I did not have to sit in the final hearing and be presented with screen prints like that.

My conclusion is given what ACAS informed me about employers rights to make decisions and employees rights with less than a year's service, I feel I have been very lucky with the Company's decision to accept my resignation from immediate effect and to not continue with the disciplinary hearing and also with their policy on what information is given on a reference. Future employment for me is now more likely to be more of a success because of that.

Once again, thanks to all people posts.

Alpha58

OP sounds like a dignified lady who has been treated very badly and was on the receiving end of a spiteful twerp with double standards - looking at "adult" websites while still feeling compelled to torpedo someone else's career.

We all did things when young that we now regret (I certainly did!) but we should also be allowed to put them behind us and move on.

I hope you succeed in your next job, Serena Mason - good luck!