Advice please for a friend facing disciplinary hearing

Broadstone

Hi all,


I cant say too much as I must not compromise my friends position.


He works in Northampton and his employer has sent him a disciplinary hearing letter. For various reasons, he had advised his employer that he cannot attend the meeting until November. They have accepted this.


In the letter, they have advised he could be dismissed.


He is thinking of resigning before the disciplinary hearing and giving 4 weeks notice. If his employer insist on the meeting during the notice period, he will not attend the meeting and just write a letter instead with his evidence.


I should add that he does not need the job or money as he is financially ok to retire early. He will not look for another job so is not worried about references from his employer.


It is a shame that his employer did not forewarn him of the disciplinary hearing as he would have resigned with immediate effect just to ensure his record with the company was clean. He has also requested to talk to them 'without prejudice' but they do not appear to willing to talk.


My question is will they accept his non-attendance at the hearing and accept his letter instead ? and will they accept his 4-week notice ?


Thanks

Undervalued

Broadstone wrote: »

My question is will they accept his non-attendance at the hearing and accept his letter instead ? and will they accept his 4-week notice ?

Unless he happens to be a police officer (or certain other regulated occupations) the employer cannot refuse a resignation provided he gives the correct notice.

They could continue the disciplinary proceedings after he has left but (again apart from the above) cannot force him to attend.

They could of course say "resigned pending disciplinary for gross misconduct" or similar in any reference. If they continue with a hearing in his absence and find the case proved they could then say " dismissed" in any reference.

He could also offer to resign in exchange for an agreed reference (i.e a settlement agreement) but whether the firm will agree would depend on the circumstances.

McKneff

The OP says his friend doesn't want or need a reference.

Broadstone

Thanks guys I thought that was right.


Oh just remembered, he works in financial services sector which is regulated by FCA but he has not been accused of any financial irregularities and has not committed any criminal offences so I assume he will be okay ?


Thanks

sangie595

Broadstone wrote: »

Thanks guys I thought that was right.


Oh just remembered, he works in a financial services sector which is regulated by FCA but he has not been accused of any financial irregularities and has not committed any criminal offences so I assume he will be okay ?


Thanks

How can anyone say he will be ok. We don't know what he has done! It's obviously something bad enough to resign rather than fight it. You say he can retire - I assume his pension is not linked to his employment, because if it is, then his situation could impact on that.

Broadstone

sangie595 wrote: »

How can anyone say he will be ok. We don't know what he has done! It's obviously something bad enough to resign rather than fight it. You say he can retire - I assume his pension is not linked to his employment, because if it is, then his situation could impact on that.

No his pension is with another company and so is not affected.


I cannot and will not reveal detail because I will not compromise him.


He is going to fight it with his letter but will not go to a disciplinary hearing. You seem to be giving different advice to previous posting so am now slightly worried for my friend.

tomtontom

Any advice you get is going to be based on best guesses as you are *so* vague. Why can he not attend until November, is he off sick?

stevemLS

Well people cannot and will not give advice based on a situation about which almost nothing is known.

Broadstone

I will not elaborate.


As I have not been given any advise to the contrary, he will not attend the disciplinary meeting (just use a letter instead) and then resign. If they subsequently dismiss him during his 4-week notice, that is life and he will accept it as he is not looking for a reference or looking for another job.

tomtontom

Broadstone wrote: »

I will not elaborate.


As I have not been given any advise to the contrary, he will not attend the disciplinary meeting (just use a letter instead) and then resign. If they subsequently dismiss him during his 4-week notice, that is life and he will accept it as he is not looking for a reference or looking for another job.

Then don't expect anyone to waste their time trying to help.

Good luck with your disciplinary.

sangie595

Broadstone wrote: »

No his pension is with another company and so is not affected.


I cannot and will not reveal detail because I will not compromise him.


He is going to fight it with his letter but will not go to a disciplinary hearing. You seem to be giving different advice to previous posting so am now slightly worried for my friend.

I did no such thing. I told you that nobody can answer your questions if they have no information to base an answer on. Will your friend be ok? No idea. We don't know anything at all!

Why are you even posting if you can't/won't say anything? It's pointless. As is your assertion that he has done nothing wrong/criminal - you only have his side of the story, and even that says he has done something wrong. People do not refuse to go to disciplinary meetings and resign instead - or play for time to get an extra couple of months wages - when they are innocent of everything. They fight like hell and then claim unfair dismissal.