Urgent - Serious Misconduct at work

Forums › Off topic › Urgent - Serious Misconduct at work - my rights?

emilyrain

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#213803 13-Apr-2017 09:33

Morning all, a bit urgent because I have been called in for a meeting today at 2pm with work for a serious misconduct. It's something I didn't do (damaging property) but I can't prove otherwise and defiantly looks like they are going to put it on me.

My question is, am I able to put in my resignation this morning? I'm from the UK originally and am going through the big stress of visa applications as well as my mum isn't well back in england, my dad is sectioned so more stress with the confusion of if I'm homesick or want to actually go home, as well as things with my partner not going well and not having any friends to talk to. I feel that going to this meeting is going to cause me more stress and could push me over the edge and I am trying bloody hard to keep my crap together and I don't see the point in going, more stress being caused when I'm positive the outcome will be dismissal anyway, even if it's not, I don't want to work for a company that thinks I am capable of such a thing.

So I'm thinking if it is in my rights to resign beforehand this would be in my best interests, I have another second job (worked full time then have a part time on top) so loosing the job wouldn't cause me more stress in that respect because I can still pay the rent and bills, just, until I find something else.

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Chorus

#1763608 13-Apr-2017 09:44

You sure can put in your resignation this morning. Whether they accept it is another thing, and in my opinion it could make you look guilty a bit. Your other option is to have your resignation written and ready to go. If you go into the meeting and things are not going your way, you can just pull it out of your pocket and drop it on them.

Others on here may have better advice...

6FIEND

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#1763609 13-Apr-2017 09:45

I am not a lawyer:

However, I believe that you are within your rights to tender your resignation at whatever time you like. You may request that it be effective immediately, but it will be at the discretion of your employer whether or not they insist on you working out your notice period.

However - that being said - given you already expect the worst from your employer, and your intended course of action (termination of your employment contract) is in fact one of the worst sanctions that they may impose on you (short of filing criminal charges) - what is the harm in waiting to see what they have to say in your meeting?

You can always use it as an opportunity to state (on the record) that you didn't cause the damage.

And if they refuse to take you at your word, you can always then advise them that you are prepared to offer your resignation, effective immediately. (if they really want to be rid of you, they will grab this offer with both hands)

Good luck!

networkn

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#1763610 13-Apr-2017 09:47

Were you given adequate notice?

I think for your own sake, do what your employer should be doing, and view this as an investigation with no foregone conclusions. Try and stay calm. My thinking is that if you resign when you didn't do anything wrong, then you'll look guilty, and that stuff can follow you around (though somewhat unlikely to the other side of the world).

If you didn't do it, then you need to clearly state you didn't do it, that you wouldn't ever do something like that. Is there anyone else involved? Do you know who DID do it? Can you help your employer get to the bottom of it ?

It sounds like you have a lot on your plate, I am sorry for your troubles. I still don't think you should cop to something you didn't do.

Your employer has a responsibility to investigate this fairly. Do you have someone you can take along to the meeting for support?

Did you get a letter of invitation? Did they state what the punishment would be if you are found guilty after the investigation?

Legally you are free to resign anytime.

DarthKermit

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#1763612 13-Apr-2017 09:50

If your employer decides to dismiss you without proof of this serious misconduct, you could go after them for unjustified dismissal. There are plenty of examples of this happening.

timmmay

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#1763613 13-Apr-2017 09:53

I would suggest taking someone in with you. They need to prove you did something wrong, rather than you prove otherwise. You need to be given sufficient time to prepare. You may not have to say anything, you may be best just listening and saying you'll respond in due course. If they want to fire you today that won't work. However if they don't follow good HR process they could open themselves up to a lawsuit.

I agree you should have your resignation ready, but I wouldn't submit in advance. It would almost be an admission of guilt, and would mean you get a terrible or no reference.

Employment law is tricky.

Linux

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#1763616 13-Apr-2017 09:58

What property are they claiming you damaged and could police be called?

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#1763617 13-Apr-2017 09:59

It seems a bit suspect that damaged property could be pinned on you without evidence. You don't have to prove it was not you, they have to prove it was you and also that the activity amounted to serious misconduct.

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Paul1977

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#1763619 13-Apr-2017 10:02

I'm also not a lawyer, so this is just a layperson's opinion.

I agree that while you can offer a resignation at any time you wish, it would kind of make you look guilty.

If they terminate you for serious misconduct without any proof (which if you didn't do it should be the case) then you could probably do them for wrongful dismissal.

It sounds like you've got a lot going on at the moment, is it possible that you are jumping to the worst case scenario? Have they actually indicated it is a disciplinary meeting of some kind? What have the actually said that makes you think they are going to blame you for the damage? Is it possible they are simply getting everyone's side of the story?

If you do choose to hand in your resignation, I personally wouldn't say it was effective immediately. If they want you gone then when you hand in your notice they have the option of making you finish immediately, but will have to pay out your notice period.

nzkiwiman

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#1763621 13-Apr-2017 10:07

6 years ago I went through a serious misconduct charge at work (not completing a task assigned to me - even though I did and had proof)
I took in an HR rep who said just to listen in the meeting, do not say anything and reply by way of written letter.

End result was that I resigned because they decided I was guilty even before the meeting, and I no longer wanted to work for that company

emilyrain

7 posts

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#1763622 13-Apr-2017 10:13

They told me and gave me the letter 4pm Tuesday for a meeting the following day, less that 24 hours notice and no business hours available for me to seek independent advice, I let them know yesterday morning that I wouldn't be in and that less than 24 hours wasn't reasonable in my eyes to they agreed and want to have it today.

I came into work Monday morning to my monitors messed around with and the ladies one of hers missing, it was found on the floor in the room next to ours broken. They are saying it was done Friday and I had a chat about Friday and that I did stay late as stayed for work drinks and was waiting for a friend so was around a while waiting but it seems to appear I was the last in the specific area other than the cleaners who come in Saturday hence not looking good for me. It is stated in the letter than it is serious misconduct and that dismissal is an option.

If writing a resignation letter what would I put as to my reason for leaving? They don't know I have the 2nd job as only started a few weeks ago, could I put that I've been offered other employment or should I put the truth about why?

emilyrain

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#1763624 13-Apr-2017 10:16

nzkiwiman:

6 years ago I went through a serious misconduct charge at work (not completing a task assigned to me - even though I did and had proof)
I took in an HR rep who said just to listen in the meeting, do not say anything and reply by way of written letter.

End result was that I resigned because they decided I was guilty even before the meeting, and I no longer wanted to work for that company

This is the situation that I feel I'm in, they have evidence I was there late and although they don't have evidence of me damaging the screen I feel that they have already decided hence I don't think it is worth going through the stress and embarrassment of going to the meeting, I'm so upset and maddened they could think I'd do this I don't care if it makes me look guilty, and defiantly would not want to continue working for them anyway

Linux

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#1763625 13-Apr-2017 10:22

So it's this simple ' Ask for evidence it was you '

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ben28

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#1763626 13-Apr-2017 10:24

Your resignation letter just needs to state you are resigning and the last day you will be at work.

eg 'I wish to resign and my last day will be Friday 11 May'.

Keep the emotion out of it.

I'd go into a meeting with an open mind. They probably know they cant fire you as they dont have proof , but they may want you to go , so may offer some inducement. Stay calm and negotiate the best deal

timmmay

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#1763627 13-Apr-2017 10:25

I don't think it could be called fair and reasonable to dismiss someone for a monitor being damaged without any evidence. If it was damaged on purpose, and they had evidence, maybe. If it was an accident, probably not, monitors are cheap.

Read this.

I think you'd be better off letting them fire you. If they have no evidence employment court would probably award financially in your favor.

emilyrain

7 posts

Wannabe Geek

#1763630 13-Apr-2017 10:28

The thing that concerns me about the firing thing is that it would go on my record for 12 months, I can't risk that because of trying to apply for residency I might get rejected for the visa hence more stress, my current visa is up in July so I'm getting the application sent in the next few weeks

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