Disciplinary and notice

Scoobysun

Hi,

I’ll try to keep this brief but for obvious reasons will be a little vague.

If you were due to hand your notice in as you had found a new job but out of the blue got notification of a disciplinary meeting before you were able to hand your notice in ( and you felt the meeting was a very excessive step to take), so you handed your notice in immediately rather than talking to them about your reasons, then you were told by the company they would accept an immediate termination of employment (so obviously no pay) would that terminate all disciplinary processes and there would be no comeback from it?

Apologies if that’s a bit muddled. Way out of my depth with trying to understand the processes involved.

agrinnall

Get it in writing that there will be no diciplinary action taken for the particular incident. Or if you are confident that you won't be found guilty then just go ahead with the normal notice so that you get some extra money (unless you can start the new job earlier).

Scoobysun

Great thank you. I thought that it should be put in writing as it!!!8217;s all a bit dodgy (not actually me by the way!)

When employment finishes that in theory finishes the disciplinary process doesn!!!8217;t it?

elsien

Scoobysun wrote: »

When employment finishes that in theory finishes the disciplinary process doesn!!!8217;t it?

No it doesn't - they can carry on with it if they wish. And your employer can also put "resigned pending disciplinary action" in a reference as that is a factually accurate statement.
Which is why negotiating terms with the employer so that your leaving benefits the both of you is the way to go.

Ozzuk

I think they can continue the process without you, a reference could say resigned whilst under investigation for instance.

ohreally

Scoobysun wrote: »

would that terminate all disciplinary processes and there would be no comeback from it?

No, not unless agreement to such has been arranged.

A disciplinary can be conducted in absentia.

Masomnia

ohreally wrote: »

No, not unless agreement to such has been arranged.

A disciplinary can be conducted in absentia.

If it's immediate termination then no. It really depends on the terms. They can't discipline you if you're not an employee.

They can discipline and dismiss during your notice period.

You need to weigh up the likely outcome and reference against how much you value that reference and so on. You've got a job lined up, will they take references? If so what is your current employer proposing re that?

If they're not taking references etc and you're not bothered then you might be better facing the disciplinary. Are we talking about gross misconduct or a potential written warning? How long have you been working there?

Fireflyaway

I'd say it depends on the circumstances. I resigned recently because I knew I was going to be let go. I wanted to have resignation as my reason for leaving, not that I had not been confirmed in post. I not done anything wrong as such. They thought I didn't have the right skills and I hated it there! They accepted it and now it's all behind me.
However the same organisation recently refused to accept someone's resignation because she was about to be disciplined. They assumed she was resigning to avoid being sacked. Because it was a serious issue they wanted to ensure she was fired rather than allowed to design and it was documented why.