delaying disciplinary hearings

xyz111

elsien said:

xyz111 said:

my employment contract says i need to place a minimum of 12 weeks notice as i am outside probation. Does it mean i can leave more notice, say 24 weeks.. 
thanks

You can ask. They can refuse. 

but 12 weeks should be fine.. shouldn’t it?

Dakta

Not to rain on anyones parade but the disciplinary process will typically continue during notice, so if you put in 12 weeks notice, and they accept it, they could call the hearing in the next few days and dismiss immediately if the case is proven 

Debbie9009

Even if you put in your notice, the companies you work for can still dismiss you at any time with no reason as you have been employed for less than two years.  

There isn’t any way for you to delay them dismissing you if that’s what they decide to do.  As others have said the disciplinary process can continue during your notice period and also during sick leave, and they can still dismiss you as part of that process. If you go off sick with stress/fatigue that could give them a reason to dismiss you, by saying they feel this has been caused by you having two full time jobs.

You need to talk with the companies and see if either of them are willing to continue to employ you, if the answer is no, then the best thing you can do, is to ask what sort of reference they will give you, and start looking for alternative employment.

xyz111

no allegations have been accepted and they do not have a material proof .. resigning before disciplinary hearing as contract of employment does not prohibit from doing so..

MattMattMattUK

xyz111 said:

no allegations have been accepted and they do not have a material proof .. 

They have talked to each other, they will likely have received notifications of tax code changes and you have already admitted it. The fact that you have not accepted you breached the terms of your employment is irrelevant.

xyz111 said:

.. resigning before disciplinary hearing as contract of employment does not prohibit from doing so..

You can resign, however there is little point. If you resign they will refuse to give a reference, if you complete the disciplinary process they may at least agree to issue a reference of "xyz111 worked here between mm/yyyy and mm/yyyy". 

Why are you keep refusing to accept responsibility and own your actions? Stand up and be accountable and you may come out of this with something, your current actions are just making things worse.

Undervalued

xyz111 said:

no allegations have been accepted and they do not have a material proof .. resigning before disciplinary hearing as contract of employment does not prohibit from doing so..

Honestly, you ask repeated questions and clearly don't listen to the answers you are being given!

Either or both of these employers can dismiss you tomorrow without bothering to follow any sort of of disciplinary process. Providing they pay your contractual notice there is nothing whatever you can do about it.

Even if you had two years service, so has some protection against unfair dismissal, you need to understand that to dismiss fairly (in law) an employer does not need "material proof". They only need to make a (layman's) attempt to conduct a fair process and to form a reasonable belief that the misconduct took place.

Dakta

They dont need material proof, they need reasonable belief.

And tgats only for the gross misconduct aspect, they could still let you go for any reason. Im not sure why they haven't as most would 

xyz111

the company arranging disciplinary hearing states that they received a cv from x recruiter with parallel timelines. the recruiter is dismissing that as a lie..!

friend has my limited company to withdraw salary from, so tax code is impacted and payroll were discussed this with..

TBagpuss

xyz111 said:

no allegations have been accepted and they do not have a material proof .. resigning before disciplinary hearing as contract of employment does not prohibit from doing so..

You can resign. That doesn't prevent them from continuing with the disciplinary process and dismissing your for gross misconduct (in which case they can dismiss summarily, and you would not then be entitled to paid notice.

If you resign, then they are free to state in any reference they provide that you resigned while under investigation for gross misconduct, and they are still entitled to as above to complete the investigation and dismiss you.  If you give notice and try to make it for longer than 12 weeks they can still serve counter notice to require you to be gone in the 12 weeks and//or still go forward with the disciplinary process.

And as others have explained, they don't need 'material proof'. This is not a criminal trial. They simply need to follow a fair process (e.g. allowing you the opportunity to respond to the allegations) and to have a reasonable belief that you were working two jobs. 

IF they then dismiss you, you would only be able to successfully appeal if you could satisfy a tribunal that no reasonable employer with the information available to it that your employers have, could have come to the same conclusion. Give that you've admitted that yo were working two jobs, and your employers have apparently now found out and spoken to one another, I can't see that you would have any hope in denying it,, and it would not, objectively, be remotely unreasonable for an employer to object to your working full time for another employer while they were paying you to work full time for them. 

As others have said, your best bet at this point may well be to accept it and try to negotiate a neutral reference and perhaps an agreed shortened notice period to avoid summary dismissal  

MattMattMattUK

xyz111 said:

the company arranging disciplinary hearing states that they received a cv from x recruiter with parallel timelines. the recruiter is dismissing that as a lie..!

It does not really matter if the recruiter claims it is a lie, something triggered the two companies to talk, they know what is going on, you have been caught breaching your employment contract. Again, you have less than two years employment, they can get rid of you very easily.

xyz111 said:

friend has my limited company to withdraw salary from, so tax code is impacted and payroll were discussed this with..

What does your friend withdrawing a salary from a limited company you own matter with relation to your PAYE salary? 

At the end of the day you have been caught breaching your terms of employment, you will be disposed of, I cannot understand why you find that do difficult to comprehend. What exactly is it that you cannot understand?