Dismissal or Resign?

isingh1

Hi All,

Not sure if this is have been covered but I'm confused as to what I can do.

I have been invited to a disciplinary hearing with my employer having had a few already in relation to the same issue.

I won't go too much into the detail of that issue, but I have had a verbal warning, a written warning and also a final warning.

Having now been invited to a disciplinary again, I believe this final step will be a dismissal.

My question is if I am allowed to resign with immediate effect, although this is what it says in my contract:

The Employment shall be terminable by the Company or the Employee serving written notice on the other which period of notice shall be longer of:

- 1 month's written notice; or
- 1 week's written notice for each complete year of the Employee's continuous service with the company up to maximum of 12 weeks' written notice, after 12 years' continuous service.

I'm worried about what will happen and if I'm allowed to resign immediately so that they do not have the opportunity to dismiss me.

Can they also refuse my immediate resignation and still carry on with the disciplinary and dismiss me?

I would appreciate anyone's advice on what I can do.

Ja7188

If you're that sure they're going to dismiss, you're probably better off resigning in my view - unless you have reason to believe that the reason for your potential dismissal isn't reasonable. Under the circumstances, I'd guess that you'll be asked to leave straight away which will give you a month during which you'll be paid in which to find alternative employment.

Can't see any advantage to the employer is dismissing you *after* you've given in your notice - your resignation would save them the hassle of going through another disciplinary hearing and depending on how long you've worked there, potentially opening themselves up for a case of unfair dismissal.

isingh1

Ja7188 wrote: »

If you're that sure they're going to dismiss, you're probably better off resigning in my view - unless you have reason to believe that the reason for your potential dismissal isn't reasonable. Under the circumstances, I'd guess that you'll be asked to leave straight away which will give you a month during which you'll be paid in which to find alternative employment.

Can't see any advantage to the employer is dismissing you *after* you've given in your notice - your resignation would save them the hassle of going through another disciplinary hearing and depending on how long you've worked there, potentially opening themselves up for a case of unfair dismissal.

Thanks for your quick response.

I have to say that I am in the wrong and probably took advantage of the situation. I've been there for 2.5 years.

But if I resign immediately, will I still be paid? I'm not giving the correct notice period as according to what is in the contract. Which is approximately the month.

The issue is, if I give them the correct notice period, they are can still follow through the dismissal?

Ja7188

I have to say that I am in the wrong and probably took advantage of the situation. I've been there for 2.5 years.

If you've been there more than 2 years then you could in theory claim unfair dismissal - but if you admit you're in the wrong, this would suggest that there's probably no case. I'm no legal expert though and it may well be worth you consulting someone who is.

But if I resign immediately, will I still be paid? I'm not giving the correct notice period as according to what is in the contract. Which is approximately the month.

The issue is, if I give them the correct notice period, they are can still follow through the dismissal?

Why would you not be giving the correct notice period? To me, this sounds like a set of circumstances under which you'd probably be put on garden leave - so you'd be an employee for another month but would not attend your workplace during this period.

I guess they could in theory dismiss you during your notice period, regardless of whether or not you actually attend work during it (and I'm sure others will be able to confirm - or otherwise) but I can't see why they'd bother - you'd be on your way out anyway.

isingh1

As the contract says I must give a minimum notice period, but if I'm not giving that minimum notice period. I'm effectively breaching the contract, no?

I just want to know what would be the best thing to do. Is it best for me just to resign effective from Monday, as I have the hearing on Thursday.

Ja7188

As the contract says I must give a minimum notice period, but if I'm not giving that minimum notice period. I'm effectively breaching the contract, no?

No, you'd resign with a month's notice - given that your length of service is 2.5 years, this is your contractual notice period based on what you've posted above.

I just want to know what would be the best thing to do. Is it best for me just to resign effective from Monday, as I have the hearing on Thursday.

No-one here can tell you that, especially without knowledge of what you actually did wrong or any other background - all anyone can do is offer opinions based on the information you've provided

isingh1

Ja7188 wrote: »

No, you'd resign with a month's notice - given that your length of service is 2.5 years, this is your contractual notice period based on what you've posted above.

So should I not resign with immediate effect? Would that not put a stop to the disciplinary proceedings and just end it all.

They can still dismiss me if I resign with a month's notice, as the disciplinary hearing is on Thursday.

isingh1

Ja7188 wrote: »

No-one here can tell you that, especially without knowledge of what you actually did wrong or any other background - all anyone can do is offer opinions based on the information you've provided

It is a performance related issue.

agrinnall

If you resign with immediate effect and your employer accepts that (which they may do in the circumstances) then you'll only be paid up to the date of resignation, plus any accrued leave that you haven't taken. You won't be paid your month's notice because you're not working it or available to work it.

elsien

You also need to consider references - even if you resign a reference can still say resigned pending disciplinary action.
Wouid they consider you resigning with immediate effect to save them the hassle if they give a reference that just gave the dates worked? They may not go for it - it depends on the issue - but you don't have anything to lose by asking.
Maybe next time learn the lesson on the first disciplinary, not the third.

isingh1

agrinnall wrote: »

If you resign with immediate effect and your employer accepts that (which they may do in the circumstances) then you'll only be paid up to the date of resignation, plus any accrued leave that you haven't taken. You won't be paid your month's notice because you're not working it or available to work it.

Thanks for your reply. I agree with this, I would only be paid until Monday, if I hand in my notice on Monday.

I'm just afraid what the consequences would be if I was resign with my actual notice period.

Or can I go in with the options to my line manager, that I would be happy to leave immediately without it denting my reference chances.