Advise - Immediate Resignation prior to Disiplinary Investigation

FelineFan

Hi
Whilst in a highly stressed state, (due to working conditions & treatment), I ranted at my boss (whilst we were in a room alone together) and said something in the heat of the moment, which he then reported and it has been deemed as gross misconduct.
I was told there was going to be an investigation, which may lead to my dismissal.
I have only worked for the company for 8 months, but did pass my 6 month probation with flying colours.
However, I handed in my resignation, prior to the investigation, thinking this would stop any investigation in its tracks. This was not the case.
However I was given 2 options. 1) Leave via immediate resignation, no investigation would take place and I’d effectively leave with a clean slate/no black mark OR 2) work my notice, an investigation would still be carried out, during which time, could still lead to my instant dismissal.
Does the 1st option sound legal? I’m worried I’ve been stitched up, for want of a better description.
I’m still awaiting a letter from HR to confirm this.
Thank you

marliepanda

Why do you think youre being stitched up? You want to leave, you want to halt the investigation, and theyre offering that plus a clean slate.

Whats wrong with it? How is this stitching you up?

powerful_Rogue

FelineFan wrote: »

Hi
Whilst in a highly stressed state, (due to working conditions & treatment), I ranted at my boss (whilst we were in a room alone together) and said something in the heat of the moment, which he then reported and it has been deemed as gross misconduct.
I was told there was going to be an investigation, which may lead to my dismissal.
I have only worked for the company for 8 months, but did pass my 6 month probation with flying colours.
However, I handed in my resignation, prior to the investigation, thinking this would stop any investigation in its tracks. This was not the case.
However I was given 2 options. 1) Leave via immediate resignation, no investigation would take place and I’d effectively leave with a clean slate/no black mark OR 2) work my notice, an investigation would still be carried out, during which time, could still lead to my instant dismissal.
Does the 1st option sound legal? I’m worried I’ve been stitched up, for want of a better description.
I’m still awaiting a letter from HR to confirm this.
Thank you

Sounds legit to me. Under 2 years service and then can get rid of you for any reason (*protected characteristics excluded)

Comms69

powerful_Rogue wrote: »

Sounds legit to me. Under 2 years service and then can get rid of you for any reason (*protected characteristics excluded)

or no reason whatsoever.

FelineFan

Thanks
Sorry, What I meant by being stitched up, is that he gave the impression it would be immediate resignation, clean slate etc, but it may in fact turn out to in reality to be instant dismissal.
I was just trying to understand if this situation had been heard of before?

Also when I apply for another job, do I have to mention at all / will my former employer be obliged to mention the circumstances as to why I left? I guess this may come up at Interview stage? Also any reference my former employer gives I am assume should not mention it?

marliepanda

FelineFan wrote: »

Thanks
Sorry, What I meant by being stitched up, is that he gave the impression it would be immediate resignation, clean slate etc, but it may in fact turn out to in reality to be instant dismissal.
I was just trying to understand if this situation had been heard of before?

Also when I apply for another job, do I have to mention at all / will my former employer be obliged to mention the circumstances as to why I left? I guess this may come up at Interview stage? Also any reference my former employer gives I am assume should not mention it?

If you agree to number 1, then a reference should just say you resigned.

Option 2 may end up in it saying you resigned whilst under investigation for gross misconduct.

Comms69

FelineFan wrote: »

Thanks
Sorry, What I meant by being stitched up, is that he gave the impression it would be immediate resignation, clean slate etc, but it may in fact turn out to in reality to be instant dismissal.
I was just trying to understand if this situation had been heard of before?

Also when I apply for another job, do I have to mention at all / will my former employer be obliged to mention the circumstances as to why I left? I guess this may come up at Interview stage? Also any reference my former employer gives I am assume should not mention it?

The choice is:
Resign immediately and this all goes away
Or stay and be dismissed.


Both are legal.


They aren't obliged to say anything at all, but they are able to tell the truth.


It seems like option1 would give a neutral reference (clean slate)
option 2 would give a truthful reference.

FelineFan

Comms69 wrote: »

The choice is:
Resign immediately and this all goes away
Or stay and be dismissed.


Both are legal.


They aren't obliged to say anything at all, but they are able to tell the truth.


It seems like option1 would give a neutral reference (clean slate)
option 2 would give a truthful reference.

Thank you Comms69
As far as I understand it, I resigned immediately, therefore I can now legitimately say I simply resigned, if asked and that my former employer can only legally give me a good reference, as opposed to ‘honest’ without any referral to the real reason I resigned, ie that I left prior to an Investigation, that may have ended up in my favour anyway, but of course didn’t want to take that risk. If that makes sense?
Sorry just never been in this scenario before!

lincroft1710

Your employer is under no obligation to give you a "good" reference, they have to give an honest one though, but without reference to the recent contretemps.

marliepanda

FelineFan wrote: »

Thank you Comms69
As far as I understand it, I resigned immediately, therefore I can now legitimately say I simply resigned, if asked and that my former employer can only legally give me a good reference, as opposed to ‘honest’ without any referral to the real reason I resigned, ie that I left prior to an Investigation, that may have ended up in my favour anyway, but of course didn’t want to take that risk. If that makes sense?
Sorry just never been in this scenario before!

What do you have agreed about your reference?

Legally an employer only has to be honest in the reference unless you have actually agreed something about it. Scenario 1 certainly implies a neutral (not good) reference, which may simply be 'yes FelineFan worked for us.'

Comms69

FelineFan wrote: »

Thank you Comms69
As far as I understand it, I resigned immediately, therefore I can now legitimately say I simply resigned, if asked and that my former employer can only legally give me a good reference, as opposed to ‘honest’ without any referral to the real reason I resigned, ie that I left prior to an Investigation, that may have ended up in my favour anyway, but of course didn’t want to take that risk. If that makes sense?
Sorry just never been in this scenario before!

That's not strictly true. for two reasons:


1: did you get anything in writing?
2: verbally he could ofcourse say whatever he wants, as without evidence you couldn't pursue him anyway


- there is almost no chance the investigation would end in your favour. As you've been told, they can dismiss you for pretty much any reason. e.g. I don't like your shoes, here is your notice.