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Original poster

Can I resign on a final written warning

33 replies

Blackcat70 · 30/06/2019 13:42

I have been employed for 10 years in the public sector. I gained a professional qualification 3 years ago and since then things have spiraled down hill. I have been through the disciplinary process and am on a final written warning and given an unachievable capability plan. I want to protect my professional status/qualification. It is clear the employer wants me out. I am considering resigning before my next hearing which could result in dismissal.

OP posts:
FogCutter · 30/06/2019 13:48

Yes you can resign but remember that you are contractually o luges to work your notice period and any disciplinary/capability action can continue during your notice period (eg holding your final hearing and dismissing you).

You could try to avoid this by resigning soon so that your notice period ends before the end of your PIP/ disciplinary hearing date, by asking your employer to agree to a resignation without notice (ie you mutually agree to waive the notice period) or some staff take sickness absence to avoid coming to work during the notice period - some employers do hold disciplinary hearings during sickness absence depending on reasons for absence and risk so don't count on that as a safe option.

FogCutter · 30/06/2019 13:49

O luges????
Obliged ffs

Original poster
Blackcat70 · 30/06/2019 13:54

This has been going on for 15 months now. It has destroyed my mental health so currently on the sick. Other threads state the minimum legal notice is a week. I am also concerned that all of this could affect my emoyment opportunities due to references

OP posts:
antsypants · 30/06/2019 13:55

If you are correct in your assertion that your employer wants you out, it may be worth discussing this with your employer and advising that you wish to leave before this action goes any further.

There is no good reason that any employer would decline this offer unless there was some sort of legal action to be taken as a consequence.

I would strongly recommend that you speak to acas, if your employer is setting unachievable targets which lead to disciplinary action you may have recourse... dependent on your time served.

antsypants · 30/06/2019 13:57

Blackcat... are you off on sick leave related to stress at work? And is the action being taken against you by work performance based or capability based?

HollowTalk · 30/06/2019 14:01

Is this teaching? They can be brutal when they want you to leave.

FogCutter · 30/06/2019 14:01

You need to check what your notice period is. Statutory notice period for someone with 10 full years service is 10 weeks NOT the 1 week you mentioned.

However many organisations and public services have a contractual notice period which must be adhered to and in many cases this is longer than the statutory notice period- check your contract or the organisations policy to see what it is.

HigaDequasLuoff · 30/06/2019 14:02

It depends on why they want you out and whether the case against you is reasonable.

How likely are you to find another job fairly swiftly? Any new employer may ask if there were any unresolved disciplinaries against you at the time you left your last job - could that fact destroy your employability?

Is a negative outcome a foregone conclusion or is there a chance of getting through this and clearing your name?

If the case against you is flimsy and there's a reasonable chance of being able to prove unfair dismissal/constructive dismissal, but they just want you gone - then maybe they would agree to drop the case against you and allow you to resign with no notice, with agreement to give a basic (dates, duties, no comments about performance etc) reference. A union rep would be extremely useful in helping you negotiate this.

Yabbers · 30/06/2019 14:15

Spiralled downhill how? Why would disciplinary affect your professional status? Are you going to be struck off for something?

I’m sure you can resign but I would hope if you have done something that would actually jeopardise your professional qualification, it’s not as simple as resigning to avoid that. Will the issue not just be the same in your next job?

NoBaggyPants · 30/06/2019 14:23

You can resign, but the employer doesn't have to end the disciplinary procedure. Also it can be heard in your absence if you choose not to attend.

Does the disciplinary outcome affect your professional registration?

Someonesayroadtrip · 30/06/2019 14:37

Depends on a lot of factors. We (a panel and I) recently carried out a disciplinary where the employee had resigned a few days prior to the hearing. The reason was because she held a professional qualification and was therefore registered as such. Unfortunately we had to "dismiss" on the basis of gross misconduct and the inform her professional body. Not sure what they chose to do. I doubt this would be the case if the situation was less serious though.

Original poster
Blackcat70 · 30/06/2019 14:37

I was suspended and returned to work under a capability process in a new role. There remain concerns about my capability as PIP only partially achieved. The new small team do not like new comers, especially qualified ones!
The environment is now toxic for me and I dont think I can return there.
There are a number of outcomes from the hearing including dissmissal, medical redeployment (which is the new role) and loss of professional status.
I just wondered that if I took an agency job this would give me the opportunity to improve my references before myvregistration is jeapodised

OP posts:
Original poster
Blackcat70 · 30/06/2019 14:42

My professional body has been informed that I am on a final written warning (capability- NOT disciplinary or gross misconduct). Another outcome from the hearing is that I could be being put back in a non qualified role.

OP posts:
Haffdonga · 30/06/2019 14:59

The advice I've heard from other teachers professionals is that you should resign before you are dismissed if you ever want to teach work in the role again.

They want you out. You don't want to go back. What have you got to lose?

DontPressSendTooSoon · 30/06/2019 15:02

HR bod here. 99 times out of 100 a manager would welcome a resignation in this situation. Unless they are particularly vindictive, no point going through with a dismissal, appeal, risk of claim etc.

You may be asked to waive your notice period as a condition of resigning before the 'axe falls' or otherwise they will go ahead and dismiss you if the hearing falls within the notice period. Then again some managers may be ok for you to either work your notice period or to go onto some sort of garden leave.

But resigning to protect your reference is probably the right thing to do.

Original poster
Blackcat70 · 30/06/2019 15:08

The Hearing is in 2 weeks so I need to make a decision quickly

OP posts:
DontPressSendTooSoon · 30/06/2019 15:24

You've nothing to lose by resigning, if you feel you're not going to pass the action plan and they definitely want you out.

If they're going to be buggers and hold the hearing anyway then at least you'll know. But I'd be surprised, if it's just a lack of competence as opposed to a particular negligent act where they feel justified in dismissing, I can't see that there'd be any benefit in them to going through with a hearing and all the risk that entails of a potential claim for unfair dismissal.

flowery · 30/06/2019 15:46

”Other threads state the minimum legal notice is a week.“

That’s the minimum, which applies if there is no contractual notice period in place. I would imagine you have a contractual notice period of more than that.

Regarding a reference, they could give a factual reference stating you were on a final warning and could also say a further hearing was pending at the time of your resignation.

Original poster
Blackcat70 · 30/06/2019 16:21

HR bod - what would HR do about my references if I resign?

OP posts:
FogCutter · 30/06/2019 16:24

As Flowery said they could write anything factual on your reference such as the fact you were on a final written warning. Some employers would state this and some wouldn't, instead just giving dates or employment and job title.

Coronapop · 30/06/2019 16:24

It might be best to get legal advice from a specialist employment lawyer before making a decision. The hearing might be an opportunity to negotiate a settlement agreement and reference, but you would benefit from someone representing you.

HappyHammy · 30/06/2019 16:30

I would speak to your union rep. You can resign but new employers may ask if you've been the subject of any disciplinary action. Do you feel able to do agency work. It can be hard if you are not used to their routines. Some professional bodies can impose sanctions for lack of competence.

Original poster
Blackcat70 · 30/06/2019 16:37

I thinking of going agency so I can rebuild my reputation before a possible hearing with my professional body. I thought this might be a way forward. Also, I dont k ow if agency requires references......grrrr

OP posts:
antsypants · 30/06/2019 16:42

Hi blackcat

You need to seek advice of either a union rep and acas... i would also check your home insurance to see if you have legal cover included... as this can sometimes assist with employment disputes.

I appreciate that it is not appropriate to go into great detail, but if you have been suspended and your professional body has been informed, it will be extremely important to ensure that any termination that you prompt yourself is negotiated so that you can leave with relatively clean hands... depending on why you were suspended.

In my hiring days, a capability dismissal would be viewed as damning as behavioural dismissal... it is a warning flag for new employers.

Equally, if what you say is true, then you may have a position for constructive dismissal.

FredaFox · 30/06/2019 17:02

Agencies will always reference, they charge a fee for their candidates so will want to represent the best, they aren't the job centre