resignation pending disciplinary advice

[nymeria]

Hi there, I am looking for some advice regarding my situation.

I am in a position where I have been suspended pending an 'investigation' of gross misconduct and I have come to accept that this will mean losing my job and would very much like to move on. However, when I spoke to the HR department, I was informed that the company has a policy of stating on any future reference that you have resigned pending an investigation and I fear that this can severely impact me getting a new job. They also said that any referencing is done through their department, with your actual line manager not really getting a say in the matter and there is therefore no way to bypass them by potentially getting a good reference from the manager personally. They don't seem to be open to any settlement on the matter, with me leaving in exchange for a good reference. I work in a financial sector if it makes any difference.

When the incident in question happened, I admitted to what I have do (quite stupidly it would now appear) and basically the only evidence of my wrong doing is my own admission. I was considering waiting for the disciplinary meeting, which is next week, and stating my case, but since the evidence is clear I feel this would be too much of a risk as being actually dismissed would probably be even worse in terms of future employment. I have used the period while I've been suspended to successfully look for another job but I am afraid that even that might fail through once they perform the reference checks. Moreover, since every single application form seems to ask about this it feels unfair for a small mistake to follow you for the rest of your life. Having worked there for 3 years it would also be impossible to leave the employment details off the CV in the future.

Any advice would be much appreciated.

[FlamingParrot]

Re: resignation pending disciplinary advice

Hi there, I am looking for some advice regarding my situation.

I am in a position where I have been suspended pending an 'investigation' of gross misconduct and I have come to accept that this will mean losing my job and would very much like to move on. However, when I spoke to the HR department, I was informed that the company has a policy of stating on any future reference that you have resigned pending an investigation and I fear that this can severely impact me getting a new job. They also said that any referencing is done through their department, with your actual line manager not really getting a say in the matter and there is therefore no way to bypass them by potentially getting a good reference from the manager personally. They don't seem to be open to any settlement on the matter, with me leaving in exchange for a good reference. I work in a financial sector if it makes any difference.

When the incident in question happened, I admitted to what I have do (quite stupidly it would now appear) and basically the only evidence of my wrong doing is my own admission. I was considering waiting for the disciplinary meeting, which is next week, and stating my case, but since the evidence is clear I feel this would be too much of a risk as being actually dismissed would probably be even worse in terms of future employment. I have used the period while I've been suspended to successfully look for another job but I am afraid that even that might fail through once they perform the reference checks. Moreover, since every single application form seems to ask about this it feels unfair for a small mistake to follow you for the rest of your life. Having worked there for 3 years it would also be impossible to leave the employment details off the CV in the future.

Any advice would be much appreciated.

Hi and welcome to LB

You don't say what the alleged gross misconduct that you admitted to was, or whether you put anything in writing.

I'm not going to give you advice but I'm going to tell you my story, which, at least in principle, is similar to yours, even when all this took place many years ago:

Once upon a time I used to work for bank in the City. After 6 years of employment they decided I was guilty of gross misconduct and I was suspended pending an investigation, during which they got IT to hack my personal drive and emails. :mad2: This was long before smartphones, tablets and even memory sticks were commonplace. The alleged misconduct referred to my posting some of my work online amongst other things, i.e. it was nothing significant, and I didn't admit to anything, they had a pile of printouts from emails and websites. .

Like you, I was tempted to resign, but a friend of mine dissuaded me. To cut a very long story short, I had a disciplinary, got dismissed, appealed and submitted an ET claim. I went to a free legal advice centre in the City where one of the volunteers took my case pro-bono. He was a graduate student and one of his lecturers (an employment barrister) said I only had a 20% chance of winning the case at the ET.

I was offered a small settlement just before the hearing (some nine months later!) which included an agreed reference which I typed up and was part of the agreement. :grin: This is quite a common practice, a number of people I know have succeeded, but you have to push them. They'd hired one of the Magic Circle law firms to represent them and, at over £500/hour, it was easier and cheaper to offer me a few quid, it was what they call a 'commercial settlement'. :wof: :wof: :wof: While all this was going on I found work through agencies and I got people who used to work with me or still worked at that place to give references. It worked for me. :thumb:

[leclerc]

Re: resignation pending disciplinary advice

FP, I am gonna tell the OP my story(ok it is posted all over this site so please don't fall asleep ).

I also worked for a bank and on the date I was confronted and admitted issues that were gross misconduct, I resigned. However, rather than simply allow me to resign they continued through to a disciplinary meeting in which I was sacked for GM.

I don't work in financial services(thank god! in hindsight) but I have had the bank asked for a reference which they would have given. Sometimes, it's not what you were sacked for if this happens but how you present it to a future employer .

[nymeria]

Re: resignation pending disciplinary advice

Thanks very much for your replies, guys!

One question: If you are dismissed/resign pending an investigation for gross misconduct, would any future reference actually just state this or would it also include the nature of the GM/explain what the allegations were etc? Could/would an employer request this information?

[leclerc]

Re: resignation pending disciplinary advice

Thanks very much for your replies, guys!

One question: If you are dismissed/resign pending an investigation for gross misconduct, would any future reference actually just state this or would it also include the nature of the GM/explain what the allegations were etc? Could/would an employer request this information?

If you resign then the reference must say that you employment ended when you resigned. If you were sacked then it will say that you were dismissed on x date(it should state dates of hiring/firing).

In my case, the bank(i assume) provided a reference to a number of companies that hired me so even though they booted me out of the club, they still bore no grudges in terms of a reference.

A firm can give no reference whatsoever which is as good as a reference. If the company is a big company(I hope it is) with a central HR reference centre then they should give a reference.

[nymeria]

Re: resignation pending disciplinary advice

Thanks for the help and support guys - I ended up handing in my resignation today and they've accepted it so presumably they at least can't sack me now and hopefully 'resigned pending a disciplinary' will be easier to explain to any future employers. It's a funny one since some applications seem to ask about this and others don't so it's probably a trial and error about whether and when to mention it.

ETA: My employer is indeed a big company with a central HR department (a bit annoying in my case as I'd much prefer a reference from my line manager who's always been happy with me) so they will provide what they call a standard reference.

[Johnboy007]

Re: resignation pending disciplinary advice

To stop an employer putting 'Pending an investigation'.
You should state that you are resigning because of personal problems at home.
Put it in writing and then the company must give a truthful explanation as to why you have left.
Make sure you keep copies of any letters.

[nymeria]

Re: resignation pending disciplinary advice

To stop an employer putting 'Pending an investigation'.
You should state that you are resigning because of personal problems at home.
Put it in writing and then the company must give a truthful explanation as to why you have left.
Make sure you keep copies of any letters.

Hi there, thanks for your reply!

I have already handed in my resignation by the time I received your reply. I do not remember what I stated as a reason, though I did put in that I was resigning with the understanding that the disciplinary hearing would not proceed. I thought at the time that this was the clever thing to do because I was told they could potentially hold the meeting in my absence anyway

I would imagine this means that it is way too late to do anything about it now?

[FlamingParrot]

Re: resignation pending disciplinary advice

Thanks for the help and support guys - I ended up handing in my resignation today and they've accepted it so presumably they at least can't sack me now and hopefully 'resigned pending a disciplinary' will be easier to explain to any future employers. It's a funny one since some applications seem to ask about this and others don't so it's probably a trial and error about whether and when to mention it.

ETA: My employer is indeed a big company with a central HR department (a bit annoying in my case as I'd much prefer a reference from my line manager who's always been happy with me)

When references are sought, you are asked to provide a contact name so there's no reason not to give your ex-line manager's name.

so they will provide what they call a standard reference.

That would very likely be your job title and employment dates.

Hi there, thanks for your reply!

I have already handed in my resignation by the time I received your reply. I do not remember what I stated as a reason, though I did put in that I was resigning with the understanding that the disciplinary hearing would not proceed. I thought at the time that this was the clever thing to do because I was told they could potentially hold the meeting in my absence anyway

Yes, a disciplinary can be held in your absence, that was the case with me, but not once you had resigned.

I would imagine this means that it is way too late to do anything about it now?

You can't submit a new resignation letter but see above.

[leclerc]

Re: resignation pending disciplinary advice

FP, I think you need to clarify the "Yes, a disciplinary can be held in your absence, that was the case with me, but not once you had resigned."

A disciplinary can be progressed even if you have resigned. I think what you are saying is that once the notice period has elapsed and the personal has effectively left the company then they cannot proceed with a disciplinary. At least I hope you do

[FlamingParrot]

Re: resignation pending disciplinary advice

FP, I think you need to clarify the "Yes, a disciplinary can be held in your absence, that was the case with me, but not once you had resigned."

A disciplinary can be progressed even if you have resigned. I think what you are saying is that once the notice period has elapsed and the personal has effectively left the company then they cannot proceed with a disciplinary. At least I hope you do

Indeed that's what I meant, if memory serves me, the OP's resignation was with immediate effect rather than him giving notice. In my case, above, I was tempted to resign but was adviced against it. :thumb:

[nymeria]

Re: resignation pending disciplinary advice

When references are sought, you are asked to provide a contact name so there's no reason not to give your ex-line manager's name.

That would very likely be your job title and employment dates.

Yes, a disciplinary can be held in your absence, that was the case with me, but not once you had resigned.

You can't submit a new resignation letter but see above.

Hi!

Thanks, maybe not everything is lost then? In terms of my manager, he already checked with them and apparently he is not authorised to provide references so he'd just refer it to them. And I know that their reference will state 'resigned pending investigation', because that's what they said in the letter I received from them after resignation. It has already cost me one job so I know it's not just position held and employment dates, unfortunately.