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Should I quit my job after being suspended pending investigation thats not yet been concluded?

24

Comments

  • Spikeygran
    Spikeygran Posts: 150 Forumite
    100 Posts Name Dropper
    The citizens advice bureau is usually a good option before paying out for more expert advice.

    On a 0 hours contract,  all they had to do was not offer you any more shifts.   But theyve terminated you with immediate effect, and that makes me wonder if theyve given you an opening? 

    Even as 0 hours you do have certain rights, if youve been doing a regular number of shifts for a long time, its not unreasonable to expect that to continue or to have had your contract updated. 
  • Update: my employer has updated the rota and looks like they’ll be paying me for at least two shifts a week until they come to a conclusion I guess. Thats one positive in this situation. 
  • Spikeygran
    Spikeygran Posts: 150 Forumite
    100 Posts Name Dropper
    Thats better news.  If nothing else it will give you a breathing space, to look around for something better, and get some advice.
  • Lilacsoftcotton
    Lilacsoftcotton Posts: 18 Forumite
    10 Posts Name Dropper
    edited 24 September at 8:38AM
    Update: i’ve managed to speak with my manager casually. ‘As a friend’ they gave me a heads up as to what was going on. They had a few meetings to discuss what they were planning to do with me. Half of them were on my side (including the manager i spoke to) and half of them were not, saying it was unacceptable what i did. A few of them not on my side being the ‘higher ups’ from my manager. My manager said they purposely prolonged the disciplinary process in hopes that things would work itself out and that they would eventually be in my favour. This managers argument in my favour was that ive been long serving there and not had any issues up until this point and I owned up to my wrong doing. The people in a higher position said that they have fired people in the past for this same ‘misconduct’ so their point is why should it be any different for me.

    So my manager off the record gave me two options: i could go through the disciplinary hearing and risk being fired, or resign and they will make sure i get a positive reference. It would be the higher ups that run this disciplinary hearing and my manager who has tried to fight for me would not be present for this. So i think they were trying to hint that they think this hearing is unlikely to go in my favour without explicitly saying it, hence throwing the resignation route out there. But on the other hand they did say they don't not know which way this could go and it could go either way so I could chance it. So im confused on what to do. I think the fact that resigning was ever brought up to me means that i should just take that route and not fight it. But I’m not usually someone that gives up without a fight and if they are saying theres a chance it could go either way then i don't know if i should take that risk. My job role is as a host/hostess, and these jobs tend to not ask for references in my experience and my next job will likely be the same role. So my point is in terms of a positive reference its not 100% necessary in my line of work. So do I resign just for a positive reference i might not need? I don't know!
  • LightFlare
    LightFlare Posts: 1,545 Forumite
    1,000 Posts Second Anniversary Name Dropper
    Your first post suggests you weren’t happy working there and that you wanted to leave anyway.

    Get it in writing about a neutral reference then resign - even better if you don’t think it’s relevant anyway

    Whats the point of all the time,effort and stress of “fighting” if you aren’t going to hang around anyway
  • prowla
    prowla Posts: 14,163 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can see the mgmt position that they've fired people before for the same, so not doing so might set a precedent which could be difficult in the future.
    Sounds to me like the opportunity is there to just walk away.


  • Tabieth
    Tabieth Posts: 378 Forumite
    100 Posts Name Dropper Photogenic
    Update: i’ve managed to speak with my manager casually. ‘As a friend’ they gave me a heads up as to what was going on. They had a few meetings to discuss what they were planning to do with me. Half of them were on my side (including the manager i spoke to) and half of them were not, saying it was unacceptable what i did. A few of them not on my side being the ‘higher ups’ from my manager. My manager said they purposely prolonged the disciplinary process in hopes that things would work itself out and that they would eventually be in my favour. This managers argument in my favour was that ive been long serving there and not had any issues up until this point and I owned up to my wrong doing. The people in a higher position said that they have fired people in the past for this same ‘misconduct’ so their point is why should it be any different for me.

    So my manager off the record gave me two options: i could go through the disciplinary hearing and risk being fired, or resign and they will make sure i get a positive reference. It would be the higher ups that run this disciplinary hearing and my manager who has tried to fight for me would not be present for this. So i think they were trying to hint that they think this hearing is unlikely to go in my favour without explicitly saying it, hence throwing the resignation route out there. But on the other hand they did say they don't not know which way this could go and it could go either way so I could chance it. So im confused on what to do. I think the fact that resigning was ever brought up to me means that i should just take that route and not fight it. But I’m not usually someone that gives up without a fight and if they are saying theres a chance it could go either way then i don't know if i should take that risk. My job role is as a host/hostess, and these jobs tend to not ask for references in my experience and my next job will likely be the same role. So my point is in terms of a positive reference its not 100% necessary in my line of work. So do I resign just for a positive reference i might not need? I don't know!
    It’s really hard to advise without knowing the full circumstances about exactly what you did and what policy / policies were breached. What I would do would depend on those details. If I felt I was being treated unfairly or if I had a good case, I’d more likely stay and argue my case. But if I were bang to rights, I would get the neutral reference and resign. 

    Good luck!
  • Savvy_Sue
    Savvy_Sue Posts: 47,461 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The difficulty might be negotiating the 'neutral' reference, but that could be important. The manager you spoke to may be happy to give one in future, BUT what happens when they move on? And / or if an instruction comes down from on high that all references are to come from HR? 

    If you're sure you can get your next job without a reference, that's one thing, but again, what if a future employer wants five years' worth / your last three employers / some other combination? 
    Signature removed for peace of mind
  • Lilacsoftcotton
    Lilacsoftcotton Posts: 18 Forumite
    10 Posts Name Dropper
    edited 24 September at 9:28PM
    Tabieth said:
    Update: i’ve managed to speak with my manager casually. ‘As a friend’ they gave me a heads up as to what was going on. They had a few meetings to discuss what they were planning to do with me. Half of them were on my side (including the manager i spoke to) and half of them were not, saying it was unacceptable what i did. A few of them not on my side being the ‘higher ups’ from my manager. My manager said they purposely prolonged the disciplinary process in hopes that things would work itself out and that they would eventually be in my favour. This managers argument in my favour was that ive been long serving there and not had any issues up until this point and I owned up to my wrong doing. The people in a higher position said that they have fired people in the past for this same ‘misconduct’ so their point is why should it be any different for me.

    So my manager off the record gave me two options: i could go through the disciplinary hearing and risk being fired, or resign and they will make sure i get a positive reference. It would be the higher ups that run this disciplinary hearing and my manager who has tried to fight for me would not be present for this. So i think they were trying to hint that they think this hearing is unlikely to go in my favour without explicitly saying it, hence throwing the resignation route out there. But on the other hand they did say they don't not know which way this could go and it could go either way so I could chance it. So im confused on what to do. I think the fact that resigning was ever brought up to me means that i should just take that route and not fight it. But I’m not usually someone that gives up without a fight and if they are saying theres a chance it could go either way then i don't know if i should take that risk. My job role is as a host/hostess, and these jobs tend to not ask for references in my experience and my next job will likely be the same role. So my point is in terms of a positive reference its not 100% necessary in my line of work. So do I resign just for a positive reference i might not need? I don't know!
    It’s really hard to advise without knowing the full circumstances about exactly what you did and what policy / policies were breached. What I would do would depend on those details. If I felt I was being treated unfairly or if I had a good case, I’d more likely stay and argue my case. But if I were bang to rights, I would get the neutral reference and resign. 

    Good luck!
    Here’s what got me in this mess:

    A customer wanted to tip me. Instead of doing it on the company card machine where they take a large percentage of it, i took it through a personal means. I have an app that turns my phone into a card reader. The app takes a fee but its much smaller than the percentage my company takes. Taking tips isn't an issue as if we are tipped in cash we do not have to declare it or share it with anyone not even our company. So its a bit sticky to say if im in the wrong here legally or not. However, I knew that my company wouldn’t be happy about me doing it if they knew because they’ll be losing out on their percentage so I was using this means on the sly until I got caught out this time. I owned up to it and apologised and said i wouldn't do it again and I deleted the app. But they wouldn't trust me again after finding this out. What sparked me to even start doing it is the fact that they kept cutting my shifts and treating me poorly. One minute i was full time the next they’d take my scheduled shifts away to give to newbies that i had trained up meaning i was working only half the shifts i used to. So i was kinda trying to make up for it where i could with tips. I will add that i was also never part of my companies tip pool so it was even more of a reason for me not to want to or feel like i should share my tips with anyone. I wasn’t getting a share of anyone else’s tips so my tips were my own. 
  • MeteredOut
    MeteredOut Posts: 3,357 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 26 September at 9:18AM
    What does your contract say about accepting tips?

    If you can accept cash tips, and a customer wanted to tip you (and not the company), I can't really see the difference just because they did it via electronic means.

    Businesses taking a cut of tips is just downright wrong IMO, unless its to divide the tip to other staff (eg, kitchen staff). But if it goes to the business owner....

    Do you know where the business cut goes?

    How come you aren't part of the tip pool - was that a choice you had?
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