delaying disciplinary hearings

Dakta

With regards to your defence, youve not given any indication that you have a defence. You have told us you have worked two jobs therefore have done what tge companies are accusing you of, , and youre asking about ways to prevent this by resigning which wont work or abusing the sick system, which wont likely work either and just add extra proof of malicious intent. 

A defence would be something like:

- i had actually sought approval for having two jobs from a manager within the company
- the contract of employment for each respective company allows for working in similar roles at the same time
- if the company point out which part of the contract you have broken, and this doesnt marry with the facts
- someone else has a similar arrangement

Basically it has to be something to fight back with and say 'i did not do wrong'. A mitigation would be 'i did wrong but please consider this...' 

Trying to prevent the process by feigning illness is not a defence.

What you could do is provide extracts of your contract in the areas your employer states yiu have breached (from earlier postings i recall they referred to sections) and we could offer an opinion on whether this is the case.most contracts even basic ones do cover this, but if yours didnt it would give you something to raise.

A defence may only have limited use as they still have the power to dismiss without reason, if they are not happy with you and you were to succeed in frustrating tge disciplinary process they could use this to get you out regardless. This is just a friendly warning your efforts may be better placed finding a new and possibly even better opportunity.

Working two jobs is bad for your health, I do actually understand the stress and frustration of a disciplinary process, more than you'd think - you do need the best outcome for you and i think based on what weve told the situation is dire and contrition towards current employers  and exploration fir a new role is likely the best step forward. 

And as always, were not terrorists were here to offer practical advice so if you do have grounds for a defence please present it as we would advise if you did. 

Wonka_2

Given OP's history and lack of personal responsibility for any issues it's clear any advice will fall on deaf ears - until another post is created

@xyz111 @Dakta's post above is spot on - you either need a mitigation, a defence or an acceptance that you've done wrong an that consequences will follow. You hold no cards in this game and trying to delay proceedings via sickness is only likely to make things worse 

xyz111

one company manager verbally agreed that at the time of joining that i could work another job in same sector but different duties.. i used that.. however no written approval..

the companies carried out different scale contracts at the time of joining then company grew and probably became competitors..

i was sharing the facts.. 

anyways i have started looking.. i have asked them to provide me material facts otherwise why should i be attending hearings ..

Dakta

It is absolutely your right to ask for facts about the investigation and you should be presented with said facts before attending a disciplinary hearing. So if they are taking you to disciplinary, you should be able to review that case against yourself, including witness statements with reasonable time (my company uses 48 hours which i think is a bit harsh) but I think ACAS recommends a bit longer.

If you have had verbal agreement from a manager, and that is relevent to the second job then that would potentially constitute a valid defence with regards to any disciplinary action brought by that company, as long as the manager understood the role and what you told him you were doing was, and remains accurate. It might not be an off the hook defence, but it is definitely a strong point if its actually correct. You may need to substantitate this, so it would be ideal if he would cooperate with you on this.  

TBagpuss

xyz111 said:

one company manager verbally agreed that at the time of joining that i could work another job in same sector but different duties.. i used that.. however no written approval..

the companies carried out different scale contracts at the time of joining then company grew and probably became competitors..

i was sharing the facts.. 

anyways i have started looking.. i have asked them to provide me material facts otherwise why should i be attending hearings ..

It's also relevant that both jobs were full time - a manager approving you working a second job would normally mean doing part time work evenings or weekend, not a second full time job. Obviously you can raise that point and be as clear as you can about which manager and when you had the conversation, but unless you were explicit about planning to take on a second full time job I am not sure that it will help you very much!