Resign before disciplinary meeting or wait for possible dismissal outcome?

[sunnysunshinesun]

Is it better to resign before a disciplinary meeting if a possible outcome is dismissal?

The person in question wants to leave the job regardless. They are just unsure if it’s better to resign (and claim constructive dismissal) or wait for the outcome of the disciplinary. If they are dimissed they would claim unlawful/wrongful dismissal. Obviously if they aren’t dismissed they would resign at that point.

They put in a grievance which wasn’t upheld. Their Union believes they have been very badly treated in terms of disability discrimination.

I was thinking it might just be better for them to resign now but they aren’t sure. The Union don’t support with claims of constructive dismissal so if she resigned she’d have to go it alone. Does anyone have experience with this?

It had started but hadn’t concluded, and the employer was going to continue the process even if the employee resigned- also bearing in mind they have to give notice etc.You can’t just walk out of the door. Definitely would be on any reference if a new employer asked about any disciplinary action.