Civil Service - can I just resign whilst suspended?

[alldressedupinblue]

I was suspended yesterday for Gross Misconduct. They won't tell me whole story but it's an external complaint.

Checked CS employment guidelines and the process would continue if I resigned. "If the outcome is dismissal ..... this would replace resignation as the reason for contract ending PROVIDED THE NOTICE PERIOD REQUIRED OF THF EMPLOYER IS SHORTER THAN EMPLOYEES NOTICE ". So if they dismiss me with no notice within a month then my reference would show dismissal.

Can't think straight - would very much appreciate help. Don't have a union rep or legal cover under home insurance.

Terrified to tell my OH - he just thinks I'm WFH.

Bump

I think you need to calm down, breathe and actually find out what the allegations are against you.

To consider resigning when you don’t even know what has been alleged is very extreme and odd OP. Do you know you have done something very wrong?

Didn’t want to read and run so bumping it for you but don’t have any specific knowledge to help I’m afraid. Is there an employee’s rep or anyone who could help? Do you have a trusted colleague you could talk things through with? Do you think you’ve committed gross misconduct? I wouldn’t jump to resign and I would also tell your OH - not telling them will make it worse in the long run so just get it over with and you’ll hopefully have some support.

No, but I'm desperately worried that I might be dismissed, never get another job, and not pay the mortgage. As the clock is ticking according to that reasoning above.

That may depend upon your line management. If you resign and your relationship with your manager is good and he/she is sympatheic to your case, then the investigation into the complaint may just be dropped. It depends upon the nature of the alleged offence and to what extent you feel you willing to answer charges and defend yourself, and how stringly you wish to retain your position.

If you haven’t done what you’ve been accused of then it’s unlikely that you will be fired. There are lots of steps including an appeals process ahead and hopefully it won’t get that far. I would ask for a copy of the misconduct policy or whatever it is they’re following so you can find out what you should be entitled to and when.

You need to stop panicking, tell your husband and consult an employment lawyer. One that knows about the civil service.

HR department? Your line manager for advice?
The CS in my experience are crap at stuff like this so take a deep breath & do nothing until you know exactly what you’re supposed to have done.
Surely there’ll be an interview with bosses, a chance to have your say?
I’m an ex CS and was often gob smacked at how useless they are at stuff like this. Keep a journal of every call & conversation etc.
I was a happy CS but from time to time witnessed some really ham fisted disciplinary processes.

Keep chin up too.

You say you don’t have a union rep - do you mean there is no rep in your department, in which case you can contact union HQ, or are you not a union member?

Have you discussed this with your HR adviser?

Is the complaint justified?

So basically it comes down to you think if you are dismissed for gross misconduct that this will be disclosed to future prospective employers hindering your prospects.

Does the civil service even give a reason for leaving in references? I think you really need to find this out. In my experience most employers simply state your job and dates of employment irrespective of whether you resign or dismissed.

1. send off an email asking for specifics of the gross misconduct.

2. Get a doctors appointment and get signed off work with stress ( this will/may help slow down the clock which is ticking)

3. Are you a union member? if so you can get legal representation, if not look at insurance policies to see if you have legal cover.

4)get your contract out and read through what constitutes gross misconduct and think if you have done anything that qualifies. ("bringing the company into disrepute" is one that springs to mind with an external complaint, assuming you are not public facing role- are you active on social media/arguing online/gender critical by any chance?)

TAKE A DEEP BREATH, you will resolve this.

also 3) You may have it on car insurance too if you don't have it on home insurance

Thank you for your answers. I think I have nothing to gain by resigning so will wait to hear the circumstances from work. Then next step a solicitor.

Do you think it’s likely you’re guilty of gross misconduct and that they have evidence of it? If so, maybe you need to work out the dates and consider whether it is worth resigning.

Are you a member of the union? If so, you can get support even if there isn’t a local rep.

Can you talk to your husband?
If you are going to resign without a job to go to, would it be best for him to know now?
I don't know what he resigning during an investigation answer is, but I do know the support of those who are meant to be your strength when thi gs are rough can be immensely beneficial.

In practice, unless you have committed a crime and it will look really bad if they just let you resign, most organisations will drop disciplinary proceedings if the subject of them resigns during the process. Everyone hates going through these processes and generally are only too glad to have them resolved in the least painful way.

It's hard to answer comprehensively without knowing what the alleged gross misconduct is and whether there is any truth to it, obviously, but my cautious hypothesis would be that if it looks likely that the misconduct will be upheld against you, they are likely permit resignation unless doing so would make them look externally bad - for instance, the case is high profile and/or there is a police investigation ongoing.

But don't panic or do anything yet. Do tell your partner, then get your head together and take a breath.

You are a source of strength, all of you. Thank you so much.

If you look at your contract, does it say how much notice you have to give? Or your employer does? Highly unlikely to say that the employer gives less notice than the employee

And I second pp about legal cover. I have this on my household policy and it is very useful. If you do, give them a call.

Take a look at the Acas website www.acas.org.uk for some information and advice. You can also phone them for confidential free advice on 0300 123 1100. Good luck.

Good luck OP, hopefully you can either defend yourself or negotiate a settlement agreement, do speak with an employment solicitor and not just ACAS

Are you on full pay while suspended?

Definitely do not do anything rash. Try and keep everything in writing and do not respond to anything immediately or in an emotional state.

Talk to your husband. Do you have any friends in HR who can help guide you?
Try not to let embarrassment stop you calling on your support network or resources

I agree with getting signed off with stress but tell your husband, you need the support.

I am in the CS currently and have seen first hand them dealing with gross misconduct. Is it likely that they will find that you have 'done' whatever they have accused you of? Do you know what they are actually accusing you of having done? As its not a criminal case there is no 'burden of proof', they just need to decide whether or not it is likely you have done it.

Send me a DM if you would like to discuss more privately.

How long have you worked there? Have they given you any info on the nature of the complaint? Have they said what next steps are?

I think you need to tell dh.

If you're suspended on full pay don't resign but start looking for alternative employment.

Save as much as you can in case you need it.

Have you been there long? Can you use other referees?

Find out the full details of the allegation.