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Sorry, I know I hardly ever post but need quick advice as I promised I'd do this before H got home for him.

"Dear ***

Please accept this letter as notice of my resignation with immediate effect.

Many Thanks

*******"

it's for DH to hand in tomorrow. He's jumping before pushed and they are a bunch of arseholes hence the no "thanks for the experoence, it's been a pleasure blah de blah".

Succinct and to the point. If HR require further info I am sure they will ask. Good luck to your DH for pastures new.

assuming he doesn't need to give notice in these circumstances? Usually a notice period would be stipulated in a contract?

Does he not need to give contractual notice? This letter is giving them a get out and indicating he would be prepared to leave tomorrow. As an HR practitioner I think a better letter would be:

Dear

Please accept this letter as my formal resignation which I am tendering in accordance with the terms of my contract of employment. My notice period is xxxx and therefore I anticipate my last day at work to be xxx xxxx (one month, three months, etc from tomorrow's date). I will be happy to discuss my outstanding accrued annual leave and how this will be dealt with but would prefer to work until the end of my notice period and to be paid my accrued leave at the of the notice period.

This gives them the opportunity of asking him to go on gardening leave until the end of his notice period and then to pay his accrued annual leave.

The only caveat would be if they are about to dismiss him and have evidence to do so in which case they may agree to accept his notice providing he agrees to leave immediately and do a deal about references.

~Sincerely

Good luck

What marriedinwhite said.

Thanks for the advice. Basically he was given a final written warning for a very small accident he had 4 months ago. He over filled a tank which resulted in a fuel spillage (about 10 litres).

He was suspended yesterday and has to go in for a disciplinary tomorrow. He doesn't think his face fits (and if it was another "more seasoned" driver, they wouldn't be in as much trouble) and he thinks they are going to sack him.

I think his notice period would ordinarily be one week but if he puts that, could they sack him anyway?

A deal about references would be good. He's never had problems in any other job and had 3 problems here which makes him think it's not worth trying to keep his job only to end up with a dismissal on his record anyway.

I wasn't clear - the spillage was yesterday. The incident 4 months ago was that he scraped the side of the lorry on a bollard placed in a tricky angle.

Are there likely to be redundancies?

If so then he would be better to hang on to get his payout. Otherwise, what Married said.

Nope. He thinks he's going to get sacked tomorrow so he wants to resign first.

Sorry, X Post.

In that case then Marrieds is the way to go.

I agree with what Married said also.

He should follow married's advice but be prepared for them to say "thanks but no thanks" on the working out the notice.

Yes they can still sack him however mostly companies will accept notice as it is easier and cleaner. His reference could say resigned pending disciplinary though.

Future references would be a concern. If they have already suspended him then they are able to put 'outstanding disciplinary when resignation received' on any future references. However if he does get dismissed that will also be on the reference. Agree though that they will probably accept his resignation as its cleaner and easier for them, dismissing someone can be risky.

They can decline to accepot resignation and sack him anyway.

Would the fact he resigned have an impact on JSA etc, unless he has another job to go to of course

I'm not an employment lawyer but those seems like quite small incidents to be sacked for. Is there more? If not, it may be worth holding out and getting advice about whether he would have an unfair dismissal claim if they do sack him.

Thanks for the advice. I think there May be a card for unfair dismissal but I'm not sure. It's all a bit shit really. I Hope they just go for a clean break as it were. He's a good worker but they are nit picking. On a break at work but Will come back at lunch time. Thanks again.

Don't finish the letter with "Many thanks". It should say "Yours sincerely".

What about "You can take this job and shove it, I ain't working here no more?"

I'm not sure if this is too late but if he as at this stage of the procedures and has been given a final written warning already, his job is clearly at risk. However, in such circumstances he should be entitled to be represented by a colleague or a union rep. He hasn't been given enough notice to secure support and I suspect that the company is in breach of the ACAS guidelines. Without more info it is difficult to comment further but the company does not on the fact of it appear to be following a fair and transparent procedure. There will be a right of appeal and if he is dismissed this should be pursued.

Is there any way he can stall for time on the basis of poor procedure and try to negotiate a deal in relation to references?

Just a quick update. Things aren't so bleak.

DH had an initial disciplinary meeting today. He took two version of his notice - one with immediate effect and one with a week's notice. As it is, he's used neither. He called one of the senior drivers (L) who acts as the driver's rep (he'd been on holiday until today). He told DH that he was on his way to accompany him to the meeting and that on no account was DH to hand in his notice before they'd been able to talk it through. They had a coffee and talked the whole lot through before the disiplinary with the supervisor (M). L still said to DH not to hand it in and that he was going to do his best to help DH keep his job.

During the meeting it was discussed that the entire blame could not lie totally with DH as it was an assisted delivery and thus the garage worker had a responsibility to check everything that was happening. It was snowing quite heavily at that time, the garage worker did not have adequate clothing and so was freezing, it was a busy garage and so cars kept coming on to the forecourt and moving the cones away so she had to keep going and moving them back, drivers were asking both of them how long they'd be etc etc. Also H's hard hat had kept falling off due to the stupid goggles he'd been told to wear. There was also a problem with the size of the capacity numbering as it made a capacity look like a pot number at a quick glance. It's also a garage where there have been known difficulties in the past due to these things.

M said that there was certainly a lot of mitigating factors and he could understand how what happened happened. He needed to discuss everything with the boss (D) but that he woud certainly be painting things in DH's favour and doing his best for him yet the ultimate descision lies with D. Thus DH is still suspended on pay while further investigations go on and a decision is made.

Unfortunately D is a prick of the highest order so it may still yet be curtains. However as L has said that he will do his best to paint things in a positive light for DH, if D still sais no, he may have more room to negotiate for them to let him resign instead with a reference.

Thanks again for all your advice.

Marriedinwhite - I don't think they have followed their own proceedures fully so he may have a case fro unfair dismissal if it comes to that. We'll wait and see what happens before deciding what action to take. Thanks for all your advice, it has been very useful.

That's good, really great to hear there is someone on his side fighting his corner. May turn out good in the end. If it were me though I'd also be looking out for new opportunities, these people don't sound great to work for!

OK - see how it goes. If there really are problems with procedure get DH to see if the regional official will step in to negotiate a settlement that will suit both sides. An agreed ref and a notice payment for DH with DH agreeing not to pursue unfair dismissal.

Good luck post again if you need more advice as this goes on and if I don't reply pm me.

Not all HR people are hopeless. Must be a very worrying time for you.

Thanks again so much for your advice. I'll post again as and when things happen and PM you if I need it.

He's properly job hunting now regardless of the outcome.

I appreciate the support. Thanks.

Glad to hear his day went better than expected! Nothing like a bit of support to make you feel a whole lot more positive.

Good luck with the job hunting.