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

They cannot refuse your resignation.

Colleagues should not have been told you are suspended.

Take this further.

They are crazy to sack you with a court case looming. They want you as an employee not a disgruntled former employee with some great testimony to give against the company...

OP, can I ask that whatever the outcome is, that you post a company review on Glassdoor? Dsnt have to include all the details but you could make a massive difference to future employees

For anybody still interested I handed in my resignation to HR last week. It was refused.

I handed it in again with immediate notice. It was again refused.

HR still want me to attend a disciplinary.

I don't know whether I'm coming or going. I've given HR many reasons as to why I feel the suspension and disciplinary procedure has been unfair, including the fact that colleagues of mine have contacted me with information that makes it clear the process has not been confidential.

I have spoken to ACAS, they have told me my resignation cannot be refused under any circumstances even pending the disciplinary.

I know there is a chance any reference will state that I resigned pending disciplinary but at the moment I don't care.

I just want them to let me go.

C

For what it's worth, I know the family of the client have put in a complaint hence the company wanting to dismiss me.

However, I have a lot of evidence to prove I was not working under the correct conditions and have been refused extra help.

Was this the FB thing?

Definitely sounds like a scapegoat situation

Charlie,you stay strong. We are all behind you

At this stage, if you have considered your position and are unwilling to remain in their employment and go through the disciplinary process (and only you know the full details of the situation and whether this is the best thing to do), then I think you take another step.

You should send a letter with the words "Without Prejudice" at the top, stating that you have sought advice from ACAS, who have advised you that your resignation cannot be refused under any circumstances. As such, you consider that your original resignation date of DD/mm/yy stands, and given your notice period of X weeks, you expect that your employment with the company ends/ended on DD/mm/yy.

I have informed HR that I have sought advice from ACAS. I've even gone so far as to screenshot the guidelines regarding resigning.

I know they're making me a scapegoat.

I just wish they would look into the case further and see why this has happened. I can't afford legal advice other than ACAS. We are in the process of moving house to a completely different part of England with the intention of buying once we know the area better.

I feel betrayed.

I have asked to have a protected meeting with HR but they still insist the meeting will be a disciplinary. In their words 'they will not accept a resignation, even if with immediate effect, pending disciplinary'

I feel stuck in a rut I can't get out of, from work ACAS have said I've been working illegally for a long time.

But the company still insist that that I attend.

Argh...

So you have 2 choices:

1. You attend and get it over with. It won't be as bad as you think. Even if they dismiss you, you'll end up finished with the company, which is what you want.

1. You refuse to attend. You tell them that as far as you are concerned you have resigned. The worst that can happen is that they say that you resigned pending disciplinary action when asked for a reference.

Either way, you'll need to declare this to future employers.

This sounds absolutely horrendous. I have no advice to give, as it's not my field, but for you anyway.

Have ACAS given you any specific advice about moving forward?

If they state that you have been working illegally for some time, can they more actively support you/send someone to attend a meeting with you?

Sorry - I don't know how it all works, but it seems you need someone in your corner here.

HR have suggested another date with another manager present to do the Disciplinary.

I will attend.

I will email HR proof of how this case has been handled badly. I know they will dismiss me.

I have spoken to my former manager (The one I had before my current manager took over) who is disgusted with the the way I have been treated and has agrees to give me a reference for future employment.

I have also heard that the recrutiment manager is more than happy to give me a good reference too.

My only concern now is that although I have resigned, will I have to declare the disciplinary?

Tell them to fuck off. You have resigned. They cannot refuse your resignation, but because they have tried to unlawfully and repeatedly, you have resigned with immediate effect.

Use the references you've been offered and tell HR you won't be attending a disciplinary for a company you have resigned from. End of.

I can only imagine that the reason they are clinging so desperately to the plan of insisting you turn up for this kangaroo court disciplinary is because they're being sued and they need to be able to pin it on you.

There are a number of HR bods on here who can tell you for sure if you can tell them to shove it.

*Tell them to fuck off. You have resigned. They cannot refuse your resignation, but because they have tried to unlawfully and repeatedly, you have resigned with immediate effect.

Use the references you've been offered and tell HR you won't be attending a disciplinary for a company you have resigned from. End of.*

^This.

What are they going to do if you don't show up? They can't march around to your house and drag you in there. You have got references arranged. I don't see that there is anything to be gained for not turning up. Just walk away.

What a terrible situation. I’d attend the disciplinary purely to tell them that you have resigned, what they have done wrong, tell them to stop harassing you and then walk out of the room

I think kangaroo court sums it up.

Nothing useful legally to add but

I think it is good that you attend the disciplinary because then there will have to be a record of your side if events.

Without that surely the co will just blame it all on you in responding to the complaint?

Sounds really grim.

I don't think you have to declare the disciplinary but it would be mentioned on a reference. But you don't necessarily need to ask them for a reference - just be aware that some employers insist on references from last two employees - come what may, even if you have other people you can ask.

An example of this - there is someone in a local FB group trying to find local ex-employees of a business that no longer exists because her prospective employers insist on a reference from that company!

I would be inclined not to attend the disciplinary but if you do, make sure you take someone with you.

Why are you more comfortable with the new manager present? Was this advice from ACAS?