Resigning pre investigation possible disciplinary and dismissal

ohreally

Op, if it comes to it see them in the disciplinary hearing. It is not be a forgone conclusion and remember there is also the appeal route. Protect your interests here and don't bow to their agenda.

Your chasing outstanding pay, holidays, reference and anything else you may consider.

motorguy

Irrespective of what the O/P is saying, it sounds an awful lot like they're jumping ship before they are pushed, particularly as it sounds like they've no job to go to.


It does sound like they've really !!!!ed their employer off, if they're hunting them down while on their notice period.


On that basis i'd probably take their offer of termination without notice, before an investigation kicks off.

Mr.Generous

just a thought but check your companies disciplinary policy, it may well be that they have to do an investigation before a disciplinary to find out facts and that you should have the opportunity to see the evidence against you and put your side of the story. The fact that your manager has already told you they are going to go ahead with a disciplinary if you stay and work your notice indicates the investigation would not be done in a fair, unbiased way, IE they already know it will lead to a disciplinary and are speculating that you will be considered guilty and dismissed. I'd be reading the policies very carefully and see if a grievance is an option for you. Most companies would hear a grievance before the disciplinary concluded even if it has started, it is considered best practice.

ohreally

The policy to check is surely the IT/ computer use policy.

motorguy

Mr.Generous wrote: »

just a thought but check your companies disciplinary policy, it may well be that they have to do an investigation before a disciplinary to find out facts and that you should have the opportunity to see the evidence against you and put your side of the story. The fact that your manager has already told you they are going to go ahead with a disciplinary if you stay and work your notice indicates the investigation would not be done in a fair, unbiased way, IE they already know it will lead to a disciplinary and are speculating that you will be considered guilty and dismissed. I'd be reading the policies very carefully and see if a grievance is an option for you. Most companies would hear a grievance before the disciplinary concluded even if it has started, it is considered best practice.

And you reckon a grievance would be done in a fair an unbiased way?

Mr.Generous

ohreally wrote: »

The policy to check is surely the IT/ computer use policy.

I'm afraid I'm guilty of making a couple of assumptions myself here, firstly that like most businesses its not allowed (unless you happen to be a manager, a hr employee or a blue eyed boy / girl)
and secondly that they did indeed waste time on facebook or this great forum.

ohreally

Op, what did you actually do and why the resignation?

Guest101

Mr.Generous wrote: »

I'm afraid I'm guilty of making a couple of assumptions myself here, firstly that like most businesses its not allowed (unless you happen to be a manager, a hr employee or a blue eyed boy / girl)
and secondly that they did indeed waste time on facebook or this great forum.

Many businesses promote use of social media, and encourage staff to be involved.

hutman

I'm not sure how the labour market functions in other countries; but it is truly ridic how formal the workplace becomes in times of rule enforcement. Terms like 'under investigation' and 'wrongdoing' for petty infringements (if they can be called as such) underline the inflexibility of the labour market and how at unease some workplaces make you feel.

I'm not sure the context of the situation here but if using social media results in such discontent in the higher ups, there's something drastically wrong with the way people are managed, let alone collaborate. If such acts are to be deemed as in infringements, goodness knows why we have an enormous productivity gap in this country. It underscores the lack of trust between the lines of the western model of corporate hierarchy. Op, you're better off to leave and find somewhere where you're valued. Ah labour market liquidity.. the only saviour.

Mr.Generous

Guest101 wrote: »

Many businesses promote use of social media, and encourage staff to be involved.

Hadn't thought of that either. I guess it would be down to what you were doing and whether it had a positive or negative impact on your business.

I'm not at all convinced a grievance would be fair and unbiased, but it takes time to arrange, they you get a letter and ask for a particular employee to support you who is off that day, so its re-arranged etc. It buys time, the months notice ticks away nicely. During the meeting you get upset and storm out. HR will tell them to give you another chance so it has to be re-arragged with an impartial manager coming in to hold the meeting ....