Dies anybody remember my post about being potentially dismissed from work for not following policies and procedures I was unaware of?

[Charlieandthechocolatecake]

If you do, my disciplinary meeting is tomorrow morning. I have been informed anonymously that my job has been offered to somebody else.

As soon as I was made aware if this I emailed HR asking if I would be given the opportunity to resign before being dismissed.

I've heard nothing back yet.

My plan is to make my way to the hearing tomorrow but if I don't receive confirmation that I will be given this opportunity then I will send an email to HR explaining that I refuse to attend the meeting because my job has already been offered to somebody else.

Also, I opted out of the working times directive meaning I have regularly been working 50+ hours a week. There have been times when I have had no rest day at all for 4/5 weeks.

Also, I have been working 16 hours a day at the weekends from home with no rest break. I thought this was covered when I opted out of the WTD but I've just been made aware that I should still be entitled to breaks.

I don't wish to take this further but if I do decide to attend the meet8ng tomorrow morning would this information help my case in regards to resigning rather than being dismissed?
Thank you x

How did you know your job was offered to someone else? Who told you?

Ask to defer the meeting until later this week, and seek legal advise ASAP from an employment law firm.

Advice*

Am I right in remembering that you've worked there less than 2 years? If so, then as galling as that may be, there is nothing you can do about it. You won't be able to take it further, and not attending your disciplinary hearing won't help you in any way.

You can resign if you want to - why would you need their 'authorisation'? A resignation is unilateral, just like a dismissal is.

I do remember your post. How do you know this anonymous information is correct? I would suggest concentrating on the disciplinary matter rather than getting side tracked by rumours. Focus on explaining your actions and stressing that you have always acted in good faith (which is what you said in your previous thread if I recall). If you are dismissed, then you have a right of appeal. Make sure you have a companion with you and get them to take notes so you can focus. Hope you get a fair hearing tomorrow

Are you in a union? Contact your rep asap.

I remember.
How do you know they offered your job to someone else? And have they accepted/got a start date. Is there any proof (not just hearsay) even if they dismiss you, you have a right of appeal against that decision.
They shouldn’t pre-determine the outcome of the hearing but it’s hard to prove that they had.
Working without adequate rest time- that’s likely to piss them off if you throw that in the mix. You can say it’s a mitigating factor, but if you were at work all the time then you’d be more likely to have come across the policy you didn’t know about, surely? Two wrongs don’t make a right in this situation, point8ng out tat they’re in the wrong as well as you, when they are deciding your future, it’s a big gamble.
They can choose to accept your immediate resignation, or they can decline to accept and hold the hearing.

You work in care don't you?

"Ask to defer the meeting until later this week, and seek legal advise ASAP from an employment law firm."

This isn't a good use of money. An employee who has been working for less than 2 years has no rights unless they've been dismissed for discriminatory grounds, which the OP is not at risk of, unless things have changed. They can say they don't like her socks.

I know I've been there less than 2 years so I can be dismissed for any reason.

My position has been advertised online. I called HR and they said it was not to replace me but to cover any sickness I have in the future. I have never been off sick. Never.

When I say anonymous, I mean I will inform HR that I have been told anonymously. A previous employee if the company has contacted me asking why I have left as they know somebody has been offered my position full time.

When you opt out of the WTD - you are using only opting out of the maximum working hours. Rest breaks are a legal requirement and cannot be opted out of.

I just feel as though the suspension and disciplinary process has been unfair as the outcome has already been decided.

I would rather resign with immediate effect than go through a disciplinary tomorrow that has been pre-determined.

I don't wish to put anybody else in the shit. I very much appreciate being told that my position has already been offered to somebody else.

Mrsrupert I just became aware of this. I don't want anybody to get into trouble for it. I would prefer to negotiate my resignation.

I don't know the background but you should think very carefully before resigning if there is any chance you will need to claim a jobseekers benefit (jobseekers Allowance or universal credit). You would be sanctioned for voluntarily giving up work. Although there are also sanctions if you are dismissed you can argue your case, explain the circumstances and saying that you challenged the decision (and do that at least through any internal appeal process).

(I volunteer at citizens advice and we do get clients who are really sure they will get another job quickly and it for one reason or another it doesn't come through.)

Also, I am aware that they can continue the disciplinary meeting without my present. I don't wish to make this process longer for myself or my company. I really have loved working there and I don't wish to leave on a bad note.

I would much rather resign before the hearing knowing the outcome has already been determined.

I'd resign, unless you need to claim JSA.

I am not concerned about out of work benefits. I dont need them. My partner is well paid so I wouldn't be entitled anyway. However I have heard that they can still dismiss me after I have resigned. I really don't want that on my record when seeking further employment.

I saw your last thread and the exact same thing happened to me 3 weeks into a new job.
The manager didn’t like me and we clashed from day 1.
There was a safeguarding issue with a “client”. I reported this to 3 other members of staff for advice. All 3 had worked there for years and just Pooh poohed my concerns and said it was normal for that client.
I then got suspended as I had not followed correct safeguarding protocol, despite never being told the correct protocol and procedures.
There were forms that we were meant to fill in that I never even knew about and not 1 of the 3 staff members told me about.
Apparently I should have gone to the manager and expressed my concerns and should have asked to see this policy.
In hindsite I perhaps should of gone to the manager but I was young and it was my first job of this description.
No one was ever harmed or at risk by the way.
I resigned before I got sacked.

Anyway, I simply put on my cv when applying for other jobs that I resigned which was the truth.
And now the first thing I ask to do is to see policies and procedures and take copies of them.

Re your alleged replacement, I thought on your other post you said you were basically doing two people’s jobs anyway, and they needed to recruit someone else?

It does sound like the writing is on the wall though. I hope your meeting isn’t too bad tomorrow.

On your last thread everyone was telling you to seek legal advice but have you?

Yes you have been there less than 2 years but they still have to follow procedure and this does not sound like they have and it does sound like you have a case to refute. Even people on probation would not be able to be treated this way or have their job given to someone else prior to this hearing taking place. I am in the process of sacking someone and I am not allowed to advertise his job let alone offer it to someone else.

You were given some good advice on that last thread but you don't appear to be fighting for this. Yes you might not want to work there but frankly I would be putting up a fight so this doesn't go against me when applying for future jobs.

In your shoes I'd resign. They might well accept - it's less hassle for them.

I remember your previous post. This sounds like a complete and utter sham because they just want you to go, for whatever reason. #

I'm really sorry, OP. That really, really sucks.

Your only aim now should be getting a pre-agreed neutral reference.

XX worked here from X Date to Y date.

On that basis I would go to the meeting, say you agree to resign if they will give you that.