Gross Misconduct

(6 Posts)
fedupandinnocent Fri 19-Apr-13 07:16:55

I've been suspended from work for 3 months pending an allegation that constitutes gross misconduct, of which I am completely innocent. I cannot prove my innocence and my union have told me the prospects for keeping my job are 50/50 if I let it go to a full disciplinary hearing.

My dilemma is should I resign immediately claiming constructive dismissal, let it go to hearing or remain in limbo?

I obviously don't want my work record which is up to now unblemished to show a dismissal.

Also, why the anomaly in employment law that says you are guilty till proven innocent? I would rather be facing a criminal court!

I appreciate any advice.

ImTooHecsyForYourParty Fri 19-Apr-13 07:30:13

I would advise that you talk to ACAS.

I am not an employment law expert, but don't they have to have some sort of evidence? And don't they have to show you this evidence?

Call ACAS. here

flowery Fri 19-Apr-13 09:51:04

There's no anomaly in employment law that says you are guilty until proven innocent, how bizarre if your union said that.

The burden of proof on an employer to dismiss isn't as strict as a criminal court obviously, but that does not mean the assumption is you are guilty.

Your employer will have to demonstrate that on the balance of probability it is reasonable to believe you did whatever it was.

Is it a question of this happened and was it you or someone else, or did it happen at all? Why on earth is this process going to take three months confused

What would be the basis for a constructive dismissal claim? If the union have recommended that its not very good advice. Being subject to a disciplinary procedure is not constructive dismissal. The idea is you defend yourself and demonstrate that a reasonable employer would not dismiss you in the circumstances, then if you are dismissed, you claim unfair dismissal.

ExRatty Sun 21-Apr-13 20:29:51

constructive dismissal is hugely difficult to prove. a disciplinary is not constructive dismissal grounds usually

why have you been suspended for such a long period?
The onus is on the company to proceed to hearing asap. what haven't they?
If there is no proof that you haven't done something what proof can there be that you did?
You are always innocent until proven guilty.

Even if you leave now you record will state pending disciplinary. Give the hearing a whirl and see what happens. I did and eventually my employer paid me in XS of £80k to leave quietly. <they had been vile though>

Xenia Sun 21-Apr-13 21:06:13

Best not to resign, but fight it out. Do you have a solicitor via your union?

GW297 Mon 22-Apr-13 22:37:25

Seek legal advice.

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