Resigning under investigation for gross misconduct

Awdio

I am under investigation for gross misconduct for threatening a member of staff who was bullying me. The member of staff I threatened has been suspended for the investigation and so have two other members of staff who are involved. I have also been suspended. I'm not sure what is happening as the investigating manager has told me not to worry. I'm the victim in this but I am worrying because my reaction in making a threat to kick his head in does look really bad. I was provoked during our shift when the guy I threatened decided to  show screenshots of messages on my phone which he had stolen when I let him borrow my phone to book a taxi. He then sent the screenshots to the two other members of staff who all decided they would gang up on me and challenge me on why I was messaging another member of staff who was the ex girlfriend of one of the staff he sent the message to.

I have spoken to citizens advice bureau and they have said that I have reasonable grounds for an action which was in the heat of the moment and that it won't be a case of gross misconduct. I want to leave though as I have found a new job. Can I resign? Or try negotiate resignation without punishment? And what will happen with the bullying case if I resign? I don't really want to work with those people they've made my life hell for ages anyway.

Sandtree

You can resign but if you are suspended on full pay and are confident you will be cleared (or get a verbal warning or such) then you may be better staying and resigning as soon as the investigation is concluded.

Some companies will advise in references that it was a resignation during suspension and a potential employer may jump to conclusions as to why you left rather than clearing your name.

steampowered

Threatening to "kick his head in" sounds like gross misconduct to me.

There's no point in resigning. All you can do is wait for the outcome of the disciplinary and take it from there.

In the meantime you could consider anger management classes? You shouldn't be reacting like that to conflict as a grown man - you are not a toddler.

Undervalued

Awdio said:

I am under investigation for gross misconduct for threatening a member of staff who was bullying me. The member of staff I threatened has been suspended for the investigation and so have two other members of staff who are involved. I have also been suspended. I'm not sure what is happening as the investigating manager has told me not to worry. I'm the victim in this but I am worrying because my reaction in making a threat to kick his head in does look really bad. I was provoked during our shift when the guy I threatened decided to  show screenshots of messages on my phone which he had stolen when I let him borrow my phone to book a taxi. He then sent the screenshots to the two other members of staff who all decided they would gang up on me and challenge me on why I was messaging another member of staff who was the ex girlfriend of one of the staff he sent the message to.

I have spoken to citizens advice bureau and they have said that I have reasonable grounds for an action which was in the heat of the moment and that it won't be a case of gross misconduct. I want to leave though as I have found a new job. Can I resign? Or try negotiate resignation without punishment? And what will happen with the bullying case if I resign? I don't really want to work with those people they've made my life hell for ages anyway.

I have to say they are being very optimistic based on what you have posted here! It may be that there are sufficient points in mitigation here for some employers to take a more lenient view. However many / most would treat any threat of physical violence against another employee as gross misconduct. Rightly so, quite frankly, two wrongs never make a right. 

"Stolen" legally require the intent to permanently deprive. Did you not get the phone back? If not have you reported it to the police?

juraj.kecso

If you resign, that's it. Most companies just stop the investigation against the employee as they no longer work for them. However, you must resign with immediate effect and forget about notice pay. If you have another job to go into, why wait for potentially being dismissed for GM (and that being on your future reference instead of resignation)?

Sandtree

Undervalued said:
"Stolen" legally require the intent to permanently deprive. Did you not get the phone back? If not have you reported it to the police?

So if persons unknown take your car and then abandon it a few miles away after hitting some parked cars and you then go collect it from the police selected recovery yard then your car hasnt been stolen?

General_Grant

juraj.kecso said:

If you resign, that's it. Most companies just stop the investigation against the employee as they no longer work for them. However, you must resign with immediate effect and forget about notice pay. If you have another job to go into, why wait for potentially being dismissed for GM (and that being on your future reference instead of resignation)?

But, as suggested in the title of this thread, in those circumstances the employer could say "resigned whilst under investigation for gross misconduct". 

And "with immediate effect" would mean breaking the contract which required notice.  Not a good idea.

Better to let the investigation go ahead and hope for leniency.

GeordieGeorge

juraj.kecso said:

If you resign, that's it. Most companies just stop the investigation against the employee as they no longer work for them. However, you must resign with immediate effect and forget about notice pay. If you have another job to go into, why wait for potentially being dismissed for GM (and that being on your future reference instead of resignation)?

That’s not right at all. The investigation can continue and the outcome can be mentioned in a reference, as can “resigned while under investigation for gross misconduct.”

You can’t simply resign “effective immediately” either if your contract requires you to give notice.

oh_really

Don't resign.

Your mistake was threating him, you should have kept quiet and ......

naedanger

Sandtree said:

Undervalued said:
"Stolen" legally require the intent to permanently deprive. Did you not get the phone back? If not have you reported it to the police?

So if persons unknown take your car and then abandon it a few miles away after hitting some parked cars and you then go collect it from the police selected recovery yard then your car hasnt been stolen?

Yes, it's not been stolen. It has been "taken without consent" which is a different offence (that applies to conveyances but not phones as far as I am aware). 

https://www.burtoncopeland.com/news/twoc-and-vehicle-theft-burton-copeland-explain-difference/

I think "taken without consent" became an offence because joy riders couldn't be successfully prosecuted for theft since they didn't have intent to permanently deprive the owner of the car.

Sandtree

naedanger said:

Sandtree said:

Undervalued said:
"Stolen" legally require the intent to permanently deprive. Did you not get the phone back? If not have you reported it to the police?

So if persons unknown take your car and then abandon it a few miles away after hitting some parked cars and you then go collect it from the police selected recovery yard then your car hasnt been stolen?

Yes, it's not been stolen. It has been "taken without consent" which is a different offence (that applies to conveyances but not phones as far as I am aware). 

https://www.burtoncopeland.com/news/twoc-and-vehicle-theft-burton-copeland-explain-difference/

I think "taken without consent" became an offence because joy riders couldn't be successfully prosecuted for theft since they didn't have intent to permanently deprive the owner of the car.

Interesting... though according to that article it comes down to intent not the practice... so if they had intended not to return it then its theft even if it is subsequently returned