Resignation before suspension - request settlement agreement?

Ki987654321

Hi All,

A slightly different issue that I would appreciate some guidance on.

I formally resigned on 16th June and after a conversation with my line manager I agreed that I would leave my current employment at the end of August.

On the 27th June I have been surprisingly suspended pending an investigation into gross misconduct, a claim I vehemently dispute. I won't go into the details but obviously this means that I now do not want to go back to work for this employer before my leave date.

My resignation was in no way linked to the reason that I am now suspended, I actually wanted to progress my career!

As this seems quite an unusual situation in terms of my resignation coming before being suspended does anyone have any guidance / views about what I can do to cease my employment early?

It has been suggested that I email my employer requesting a settlement agreement so that I can leave before my agreed last day when I resigned (1st September). This would avoid the need for a prolonged and painful investigation and potential disciplinary process as I am already leaving the company.

What are people's thoughts on this? Mainly, is this something that you would advise I do and what are the possible implications of this if the employer rejects the request and pushed on with the process anyway?

All thoughts and observations appreciated.

K

Tahlullah

if you are found guilty of gross misconduct, they can terminate immediately and don't have to pay notice pay. Could just be saving money.

sangie595

Why would they want to offer you money to go? They have no need of a settlement agreement. If you resign whilst under investigation then any reference could state that fact.

Ki987654321

Thanks for your replies

I may have worded my message incorrectly...I am not looking for any money, what I want to do is cease my employment immediately and receive no further payment.

I have already resigned and believe that this suspension is being used to make me a scapegoat. If they want me gone then I am happy to do this but obviously need an agreement from the employer so as not to breach my contractual notice period.

I am also unsure as to what implications this may have if they refuse to let me go early and insist I go through this process?

The only reason I can see in making me go through the process is to make an example of me as I am already leaving the company.

BrassicWoman

If you have done nothing wrong, just sit the investigation out. They could hold it in absentia anyway, after you have gone. Formally leaving earlier by whatever mechanism will not chnage that.

sangie595

Ki987654321 wrote: »

Thanks for your replies

I may have worded my message incorrectly...I am not looking for any money, what I want to do is cease my employment immediately and receive no further payment.

I have already resigned and believe that this suspension is being used to make me a scapegoat. If they want me gone then I am happy to do this but obviously need an agreement from the employer so as not to breach my contractual notice period.

I am also unsure as to what implications this may have if they refuse to let me go early and insist I go through this process?

The only reason I can see in making me go through the process is to make an example of me as I am already leaving the company.

You can't just leave without breaching your contract - whether that matters to you is another matter. If you want too resign with immediate effect, simply write and say that is what you are doing. But they are under no obligation to accept that and can continue the process. And it will still come up in any references, should they wish to state it.

I'm taking it that whatever they are investigating, you did it? Because although you firstly said you disputed it, you are now saying something different - that you are a scapegoat and they are making an example of you. Which suggests there is something to investigate. Either way, I can see no reason to resign unless you are guilty. And this could easily follow you. If you are innocent, the right thing to do is to fight it.