Gross Misconduct or Resign

[Wordsley]

Hi - today I was suspended from work pending disciplinary meeting for gross misconduct due to theft. I admitted to them today the error of my judgement.
Would it be wise for me to resign prior to the disciplinary meeting later in the week? Any advice would be warmly welcomed. Thank you.

[Richard1966]

Only my opinion but if this is the first incident of disciplinary action then if you resign you can legitimately state to a new employer that you were not the subject of a disciplinary investigation. resigning will also save your current employer loads of time and hassle so you may wish to negotiate your way out with as clean a sheet as you can.

[Mr Veritas]

I am sorry to be a wet blanket,but I don't really see that it's your choice.
When I worked in HR I had this situation twice.
The employee tried to resign before we could dismiss them.
However,all we did was to refuse the resignation letter and counter it with a dismissal notice.
Even if you convince the employer to let you resign any new employer can still be told by the old one the circumstances of the resignation/dismissal.
Resigning will not stop the theft misconduct appearing on your present employers records,nor will it stop a new employer from findoni out why you left the old company.
Theft is theft no matter whether you dress it up aa resignation,or leave it as a dismissall.
Either way(resignation or dismissal) I (as a new emplyer) would not take you on.
I think you are splitting hairs here,it's what you did that matters,not how you leave the company.
So resign if you feel better that way,just don't think it will make it easier when you are trying to find a new job.

[Mr Veritas]

Richard's answer is (sadly) as full of holes as a colander!
First,you would be lieing if you tried to say that you had not been part of a discipliary process,you are already by being suspended.
Secondly,it is very little hassle to a company to have such a hearing,especially given that you have already admitted the theft.
Thirdly,it is VERY unlikely (as I said before) that you can leave with the clean sheet Richard says you may,It will only stay clean for as long as a new employer looks into the reason that you have resigned.
If you lie and give a false reason for your resignation (and a new employer WILL ask believe me),that will be found out,and if you say you were dismissed then the same scenario will happen.
It is probably better to be honest with any new employer and hope they will feel sympathetic.
Lie and you will fall at the first hurdle.

[boxtops]

The only advantage in resigning now is that you will not have to go through the full disciplinary process. I had a member of staff do this - HR gave them the option of resigning straight away or facing disciplinary. We could not then give a reference to a future employer without mentioning the misconduct which led to the situation in the first place. Are you in a situation where the misconduct could arise? Without knowing more it's hard to know whether you are likely to be dismissed as a likely outcome, or whether you can stay on but perhaps in a different role.

[boxtops]

Sorry, missed a vital word - are you in a situation where the misconduct could arise again?^

[Eve]

Also don't underestimate the power of word of mouth.

If you lie and try and cover up the reason why you left there is nothing to say any new employer won't find out anyway from any number of ways.

Best to be open and honest else it might come back to bite you.

[DrFilth]

Mr Veritas may i ask how long is it since you left work.
the reason i ask is that there are new rules to follow and i have just spoken to someone who was a good shop steward.
the example was a person in the same situation ( he did not admit it ) he left and then the firm when asked for a reference for him , refused.
that is the only way they could get back at him ,

if they say they were going to sack him for theft
he could take legal action against the firm.

[DrFilth]

mr V make that 2 people
both people were told that they would never work for that company again ?

that company has taken over another company and part of the conditions are that all employees will be kept on

so the 2 people who they wanted to sack are now back working for them.

[joggerjayne]

Mr V ...

The company can't refuse Wordsley's resignation ... he's not a Cabinet Minister (well, presumably not, anyway).

If he gives the notice specified in his terms of employment, the Company can't force him to stay.

Once he has gone, the Company's internal disciplinary body has no jurisdiction over him.

[woofgang]

In he NHS if someone is subject to a disciplinary process and is allowed to resign, any reference given would state the facts. Ie that the disciplinary process had been set in motion when the subject resigned and possibly what the allegation had been, adding of course that no comment could be made on the culpability or other wise of the subject as they had resigned. any theft at all within the PCT where I worked could be made a subject of criminal proceedings for theft or fraud.
if the misconduct is not such that dismissal is an option (or of course criminal proceedings) then IMO you would do better to stay and face the music and live it down.
Are there any mitigating facts? Sick granny? blackmail? stress?

[tamborine]

It's up to the new employer to make CPS checks of new employees rather than rely on references. Negative references marring an employees chance of finding work should be avoided as the person could have made good and may sue.

Read down a bit:

http://www.direct.gov...nganewjob/DG_10026703

[woofgang]

yes nagative opinions are to be avoided but facts may be stated without comment.

[boxtops]

Whilst agreeing to a certain extent with tambo, there is usually a question on reference forms (where a pro forma is sent) which asks if you would re-employ this person. If there was misconduct then I suspect the answer would be "no" - so even if the reference itself extolled the good parts of the person's character and skills, but (as must) mentioned the incident, that would set bells ringing with any interviewer. It's so difficult to give wordsley advice without knowing the work setting and more detail. As woofgang says, the NHS has very specific policies and procedures and we stray from them at our peril!

[Androcles]

It is quite simple. You are dishonest and are trying to conceal it. If asked for a reference an employer does not have to give one, but if they do, they must tell the truth. Thus any sensible employer will ask specific questions in the reference request to the former employer such as "was the former employee ever the subject of disciplinary actionor found guilty of any act of dishonesty?" The very act of suspension is the first stage of disciplinary action, and your admission of guilt obviates any necessity for an investigation to establish if you were guilty. So if the question is asked, the answer must be given.