Under investigation for misconduct - could I be dismissed for a driving offence?

Kim_kim

Brian12389 wrote: »

Thanks for your thoughts everyone - I agree it’s likely I will be dismissed which will be catastrophic - so will hand in my notice tomorrow

I’d urge you to hold off.
If it comes to it, they may allow you to resign rather than dismiss.

Brian12389

I was not being deceitful and told the magistrates I was appealing. I was not represented in court and as I say I genuinely thought I could still drive whilst appealing. If I thought otherwise I’d have caught the train. I’m not trying to condone what I did here. It was a serious error of judgement.

jobbingmusician

What do you expect to achieve by resigning? It is unlikely to help any reference, and if you don't resign you may get off. See the disciplinary investigation through, be contrite (while explaining that you really thought you were allowed to drive until the appeal was heard) , and see what happens.

Brian12389

Was thinking if I resign before being fired it gives me a chance to find employment without a negative reference as the dismissal process could not be completed? I’m worried sick tbh

jobbingmusician

No, it doesn't. Sorry to be the bearer of bad news, but a reference saying you resigned while under disciplinary investigation can look worse than one saying you were fired, where you explain what actually happened. The only sensible option is to see it through. Fingers crossed, because you've already told us that they thought it was repeat offences rather than a one off. A generous, fair employer should be able to distinguish between stupidity/ignorance and a genuine attempt to deceive.

Tahlullah

Clearly you are not thinking clearly or taking in advice given to you.

You have already been told not to resign because your employers could legitimately and honestly say that you resigned whist being investigated for gross misconduct. This is NOT good and will not aid your search for alternative employment.

As already advised, you should stay in role until a decision is made. Whether you resign now or wait to be dismissed, you are in the same position. But an alternative decision could be reached by your employer, to give you a final written warning, if you remain. That option is removed if you resign.

Masomnia

A dismissal for gross misconduct is normally where the breach of policies/procedures is willful or where the conduct is so severe that they can never trust you to work for them again. So I don't think it's guaranteed that you'll lose your job by any stretch of the imagination.

You've got long service and, as far as we can tell, a clear disciplinary record and made a genuine mistake. I think resigning would be rash.

theoretica

I agree, I see no benefit to you in resigning at this point.



Also, if you haven't already, I would not volunteer to your work that the speeding offences in question happened when driving for work. If they ask straight out you of course need to be honest, but my work policy says we are to obey the highway code when driving for work... You don't want to offer them another potential misconduct.

ToxicWomble

You received 4 speeding tickets
Couldn’t be bothered to turn up on time for an awareness course (try applying an “on time is late” attitude
Drove away from court having just been banned
And are now worried about losing your job.
Should have thought about that before showing such a blatant disregard for the laws of the land
Can imagine if you approach your work in this manner, they will be glad to get rid
People like you should be be banned from driving for life - you never learn and look to blame everyone else apart from the actual person responsible

TELLIT01

In case the advice isn't clear. DO NOT RESIGN, WAIT FOR THE OUTCOME OF THE DISCIPLINARY. No apologies for putting that in Caps.