Potentially facing dismissal for Gross Misconduct

O_hi_hello

Hi everyone,

I wanted to share my story and seek views from others who have found themselves in a similar suitation.

A couple months ago now I was suspended with pay from my employment to allow the employer to carry out a througher investigation. A month into the suspension I was invited to a investigation meeting where I prepared a statement to justify my actions. Given the time of length it's already taken and perhaps what it will take, I fear I will be dismissed regardless of my justifications and a return is out of the question.

While this has been going on I have been searching new employment largely in the contracting market as I feel that would be the quickest route to get back on my feet.

My question - I believe I can get a new job in Jan but can't confirm with any new clients via contacting route while my current employer continues to investigate (no timescale provided) and the fact that I remain in full time employment (on suspension).

Any advice on what I should do, my options seem the following

1) Stick through the process and get dismissed for GMC then find something - this will likely impact my references.
2) Try settle post investigation is complete - not sure if this will be accepted
3) Resign with immediate effect and agree not serve a notice (contractually I have 3 months ) - would this impact my references?

Thank you for reading and look forward to hearing from you.

sangie595

Anything you do can impact on your references. The employer is obliged to provide a truthful reference ( if they even provide one at all) - not a good one.

I am assuming from your post that regardless of what you describe as "justifications", you did what you are accused of?

In which case, opinions here on the matter are largely irrelevant, since nobody can second guess the employers position, and what they will accept is up to them. That said, offering to resign without notice isn't saving them a penny if they are going to dismiss you for gross misconduct (which is dismissal without notice!). So it seems to me that, in fact, you have two options:
1. Hang on for grim death until dismissed for whatever pay you can get between now and then. At that point you won't qualify for benefits because you have been dismissed. Depending on your employers position, if you are very lucky their policy is neutral references - in which case it may not refer to the dismissal ( people tend to assume that a neutral reference doesn't ever refer to the reason for termination - this isn't always true). If not, then your reference will almost certainly be "bad".
2. Speak to your employer and offer to resign with immediate effect in return for a neutral reference - neither good not bad - confirming employment dates only. Now is the time to do that - they might feel a bit sorry for you with Christmas looming and be more likely to agree. The risk here is that you still won't get benefits and you won't have any income. So you must get another job quickly. And I would have to be honest - it is not impossible for a future employer to find out what had happened. You are depending on your current employer to be honest and not tell anyone - legally you will have no way to enforce such a gentleman's agreement. And also loose tongues wag - colleagues or anyone in the know might say something at any time in the future, and expose any lie you have told or any truth toy have bent.

Personally, if guilty, I'd take the risk on option 2. Then get my backside down to every agency in town and get any work going, whatever it is. Needs must, and the more employers you put between you and this one, the less likely it is that you will need to lie to anyone.

One last piece of advice. At no time in the future ever lie about this to a potential employer. Box clever with words if you must, but never lie. Because if you lie and that employer finds out at any time, you might be dismissed for the lie. Even if you've worked there for years!