Urgent help please

[slithytove]

Ok.

Person under investigation. Charges unfair and trumped up, think they are looking for a reason to sack. Invite to disciplinary issued.

Person goes off sick for stress and anxiety before disciplinary happens. Person feels suicidal, diagnosed with depression, starts medication and counselling.

Person takes time off (4 months), not getting any better, company do a bit of harassment and bad behaviours in that time, person resigns.

The company have come back saying they do not want to accept the resignation, they want to proceed with employment and the disciplinary, and they do not feel the relationship has broken down.

What can we do? Person is panicking, this is triggering huge anxiety, and person just wants to get out. Can they force person to stay? Can they conduct the disciplinary and dismiss person during the notice period? Person is still off sick.


Would really appreciate any help anyone could give.

[Epilepsyhelp]

Oh slithy just catching up on this thread. They behaved awfully and I'm so glad you got through it ok.

[slithytove]

I think we have been so lucky. It's been utterly shit. DH is a shell. I hope I can help him rebuild now.

We have stayed strong together which is good, a year ago we might not have survived this.

[Shakey15000]

Oh slithy that's fantastic news

Here's to the future for you both, I'm so pleased for you

[KiwiJude]

What a relief it must be slithy, and great news re the job offer. Hope it all works out. :)

[Fizrim]

WOOOOOHOOOOO!!!!!

I was reading your update and thought the bit about the neutral reference was fab, but the new job offer is even better. I hope you can both get a bit of rest and relaxation before the new role starts!

[KitKat1985]

Pleased it's all working out well and you can start to put the last few months behind you.

[slithytove]

Thank you all so much for your help during this nightmare time.

DH went to return his stuff today to his manager. Who said that he has done exactly the right thing, that it was a witch hunt from an over zealous new hire, and they are ignoring all the disciplinary action. He will get a neutral reference.

I'm so relieved. A but gobsmacked, but relieved.

He has also been offered another job! One he applied and interviewed for ages ago before all this happened, but then had a recruitment freeze.

I think if they let him start in January, he will take it.

Thank you all for keeping me sane

[KitKat1985]

Hi Slithy, I take it your DH has now officially resigned. I hope he can take some comfort from that and start to recover.

[slithytove]

DH asked via email and his manager replied by same. No mention of disciplinary.

I just don't get it. Thurs and Friday and yes it'll all be over, and hopefully it won't stop him getting a job in future. He wants to look next year after recovering and enjoying the kids.

[Shakey15000]

How was that communicated Slithy? I take it no reference to a disciplinary which is positive. Only 4days to go then hopefully you can begin to put it all behind you and focus on his recovery and your stress levels lowering.

[slithytove]

They have now said they will get his company equipment this week

[slithytove]

His manager says not, I'm skeptical myself.

But others who have resigned under those conditions have gone on to get work, so maybe there is some truth to it.

DH told me today that three senior managers have resigned. Not sounding like a happy place over there.

Haven't heard anything today, so now it'll be Monday. If they choose to do the disciplinary in his absence then how much notice do they have to give? The window is decreasing, Friday is his last day.

[Fizrim]

Well, let's hope that they hold the disciplinary hearing before he goes and resolve the matter - you don't think they would say he was being investigated for gross misconduct?

[Shakey15000]

slithy

I agree, resignation would be better. But just to give you some hope, my DH was dismissed for gross misconduct 2 years ago. He appealed and lost. It was unfair and we sought legal advice. A case was prepared and his employer offered a settlement before the tribunal. A favourable/clean reference was NOT offered as part of the settlement.

When looking for new employment DH, when asked for the reason his last employment ended, was completely upfront. He has been successful in finding employment and it thankfully didn't hinder him.

I know your situation, and the run up to the present, has been beyond stressful for you and DH. I sincerely hope the next 9 days is uneventful for you both and he is able to end his employment in the best way possible.

[slithytove]

But a dismissal would show on the reference. Resigned is far better.

[slithytove]

He will get a reference from them, it's a huge company which just confirms dates of employment and position.

[Fizrim]

OP, it's not helping just keeping it between you and your DH - you are both winding yourselves up with this matter and making it worse for yourselves.

The same points keep being repeated on this thread - that the company have made no moves for dismissal (they could have easily done this by now) and you even say yourself they have nothing to gain from this. If his resignation goes through without the disciplinary being resolved, what is he going to do for a reference?

[Shakey15000]

God I'm making a right pigs ear of this

Ok, apologies again. Remember up thread where it was mentioned that they might not be looking to dismiss him, still want to employ him but may feel it appropriate to issue some kind of disciplinary action?

So my "not accept his resignation" was meant in that way. You are correct that, if he has served notice correctly, then in 10 days he will no longer be employed by them regardless. However, at this present moment, as he is still employed, albeit serving his notice, they can still hold a disciplinary.

Ball still in their court though, regarding what happens next asitwere.

[slithytove]

How can they continue with the disciplinary after his end date?

They haven't responded at all. They got the OH report today.

[Shakey15000]

slithy sorry, I should have worded it as "not accept his resignation" instead of reject.

Glad you've got a timeline I remember doing ours, it was a nightmare trying to recall what happened, in what order and who said what etc

[AnchorDownDeepBreath]

They can continue with the disciplinary.

Have they responded to the resignation at all?

You really need legal advice. This has been dragging on for a while and it doesn't look like it's just going to go away.

[slithytove]

But how can they not accept it? Gov.uk says they can't refuse to accept a resignation. DH has stated his notice period as per the contract and his last day, done it all in writing.

How can they legally say he is employed after that date?

[AnchorDownDeepBreath]

You urgently need legal advice. Especially if you are clinging on to only having ten days left and his resignation hasn't been accepted?

[slithytove]

How can they reject the resignation?

His one months notice is up in ten days. Then he won't be employed by them surely?

We do have a timeline I've been maintaining

[Shakey15000]

Well that's good then, in that by the (non) length of call it can be disputed that they couldn't have done a thorough assessment to conclude that he's "fit for work". I wouldn't rely on them having a copy of the call so would suggest noting the time, date, length etc. As an aside, if you've the energy bless you, I would go right back to the beginning and compose a timeline as far as you can remember, of all contact/discussion/letters since this started. It will help focus and will certainly help if you seek legal advice.

I think the ball is now firmly in their court to take the next step. As far as you and DH (and now OH) are concerned, he has resigned. It's up to them to either-

Accept and confirm the resignation and arrange collection of car etc

or


Reject the resignation and set date for disciplinary (remember for this, they have to issue fair notice and outline the reason for disciplinary action. He will be entitled to be accompanied by a colleague/union rep. ACAS website or via telephone call will advise on all of this)

Eitherway, the onus is on them to initiate the next step.