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.

And definitely tell your OH. You need their support and they need to know they can trust you. Hiding it makes you look guilty.

@girlmom21 I've been there 8 months.

I'll try and think about telling my husband, but I can't tell him until I know what it's about.

Have you at least been told the nature of the complaint? Can you recall which conversation they are saying was gross misconduct?

I sympathise with you OP. I've been there.

I got suspended for 4 months for gross misconduct. I thought there was just one allegation against me, turned out there were 5. They were all malicious except one which had a teeny tiny grain of truth. They had witnesses, who all hated me as I had made a complaint of discrimination against them.

I was in the union but they were useless at the time so I went to a lawyer.

As it was a first offence, I just got a written warning. So maybe that is what will happen in your case, depending on the offence.

However, I had been there longer than you so had more protections, whereas you've only been there 8 months, with no union membership so you are in a more difficult position.

10 years later, I took the same employer to court as discrimination was happening again. I used evidence from the above as evidence of ongoing bullying, discrimination and victimisation. I won my case.

As for what can be considered gross misconduct, from my suspension, it included: misuse of company computers, misuse of social media, not declaring a second income, falsifying my hours (clocking in and out). The latter one was the only one with some truth but a genuine error on my part which I could prove but they didn't care.

You are still entitled to a union representative even though you're not in the union. Do find one before spending on a solicitor.

I would speak to the person that has suspended you.

@maddy68 They have given me a name of a Union rep to contact. Will do so tomorrow.

My OH knows something is upsetting me, but until I know how bad it is, I can put him off.

Thanks again to everyone x

@DuchessofAnkh22 thank you in particular for your detailed reply. Work have said they hope to get the paperwork to me by end of the week.

May I ask another question? If I'm suspended on full pay (which I am) is there any benefit to getting signed off by Dr? I've asked for an appointment and waiting to hear back from GP.

Sorry if I'm not thinking straight. I'm gearing up to tell OH at end of week, and I'm so worried that he'll be furious with me.

If you haven't done anything why would he be furious at you?

May I ask another question? If I'm suspended on full pay (which I am) is there any benefit to getting signed off by Dr? I've asked for an appointment and waiting to hear back from GP.

No, not really. Personally, I'd wait and see what the paperwork is - I wouldn't go off sick, and I wouldn't resign - but that's because in my industry, both would be disclosed in references. It's a normal question to be asked about sick leave; and if you resigned while under investigation, that would be disclosed. Some employers only confirm dates and job title and refuse anything else, which alleviates that risk (but again, in my industry that'd be a major red flag!)

Why will DH be furious? Do you have any idea of what the investigation might be about?

Please don't panic. There will be a way through this.

Hi OP, I work in HR in the civil service, obviously may differ in different departments but in our policy disciplinary investigations continue whether the employee remains in the department or not, even if you resign the process continues unless a decision maker doesn't have enough evidence to come to a conclusion so there isn't much to gain by resigning to be honest! And generally the advice is to try and resolve the situation prior to the employee leaving. They should be making you aware of the allegation against you though - definitely look into TU representation

Again standard reference can state that an employee was dismissed for Gross misconduct (may be dependent on department)

Can you afford a session with an employment lawyer? If not do lots of googling on lawyers websites / maybe speak CAB.

Sorry this is happening OP.

Hi OP, I don't have any employment advice but I'm begging you to tell your husband. My partner also lost his job a few years ago and lied to me about it and pretended to be wfh for ages and we very very very nearly split up because of it, if it hadn't been for our brand new baby I would have left him on the spot. It took me years to get over the feeling of betrayal and I still have anxiety when he is wtf for any period of time that he's actually been fired again. So please, before you do anything else, tell your husband before that snowballs and becomes a major issue. Good luck x

You need to tell you Husband. You don’t need the details. He needs to know so he can get over the surprise and be ready to support you effectively.

I really feel for you. I was in this position some time ago, and I was guilty of what I was accused of.
Like you, I didn't have the confidence to tell anyone close to me as I was so scared of their reactions. I really wish I had, as I desperately needed the support. Your husband's initial reaction is likely to be surprise and disappointment, but following that I would hope he would be supportive?
I have no idea if you are guilty of the accusation against you - if you are, learn from your mistake and move on. I'm in a job of 14 years now and things are very positive for me work wise. Please look after yourself and get some support.

When I was in the civil service I accompanied five people to their “gross misconduct” hearings, as a union rep. Every single one got off, as the cases were either manufactured, not enough evidence, or malicious. They must tell you what you are supposed to have done though. Please tell your husband!

And ask to have the case investigated by someone independent. Not the person making the accusation, his mate, or his mate’s mate.

[quote alldressedupinblue]@DuchessofAnkh22 thank you in particular for your detailed reply. Work have said they hope to get the paperwork to me by end of the week.

May I ask another question? If I'm suspended on full pay (which I am) is there any benefit to getting signed off by Dr? I've asked for an appointment and waiting to hear back from GP.

Sorry if I'm not thinking straight. I'm gearing up to tell OH at end of week, and I'm so worried that he'll be furious with me. [/quote]
*Disclaimer, I'm not an HR expert - but have been on the wrong end of the process, and successfully defended a constructive dismissal.

I think you sound stressed, and you don't need to be nice to work by being in as you are suspended. You may benefit from something (I got counselling paid for by my work as a result of going off for 4 weeks with work related stress). As a minimum its going to flag that they need to be cautious with how they treat you.

Regarding your DH, if you don't know what you've done how can he be furious. I would just tell him, he may be able to help.

Any update OP @alldressedupinblue hope you are ok x

Unless you are in a regulated industry where you need a license or suchlike to practice a gross misconduct dismissal wouldn't be registered anywhere so new/prospective employers would only know about it if you tell them.

If they want a reference you'd get the same reference if you quit while under investigation as you would if you are dismissed so you may as well let it play out for a bit and make a decision when you have more info

Hello All, thank you for asking.

The only info I have is that it's in relation to a previous employer who is now a client.

My nominated contact person (colleague) told me that my manager hoped to get some more detail to me today (Friday).

I've made a GP appointment for Monday morning as can barely sleep through anxiety.

Thank you again for the virtual hand holding - it means the world to me.

Take a witness to all meetings op

Do you have an employee helpline? Ours (public sector) can be helpful so worth calling them to see, although I’ve heard mixed reports. As others say it’s very early in the process, but you do need support from friends and /or family.

Work ringing me shortly. Thanks again.