Resignation during disciplinary investigation.

[helsi]

Hi - hoping someone can help.

I would like to know what should happen if someone resignes during a disciplinary investigation at work.

Brief synopsis - husband suspended on full pay after being accused of harrassment at work. Load of rubbish but went to hearing and put his side forward (even union rep said it was all rubbish and ambiguous). Heard nothing for 2 weeks then a letter came asking him to go in for another hearing on a now unconnected matter. No mention of previous allegation. As the whole thing was making me ill and stressing us out he decided that he would rather not be connected to the company as they were obviously trying to get rid of him for some reason.
He therefore phoned manager and said he would not be at the hearing about the second matter as he was going to resign effective of immediately.

Is that the end of it now (except for us looking into a claim for libel against some staff who made statements) or is the employer obliged to carry on without him even though he no longer works there?

[UCM]

If it has gone further than the company ie an industrial tribunal hearing, your DH can still be called and if found guilty have to pay them comp to my knowledge.

If it's within company proceedings the meetings will still be held and his resignation will be officially minuted at the meeting with the complainent present if that makes sense.

[helsi]

No it was still within company proceedings.

So therefore if it all still goes on without him as he has forfeited his right to go through the procedure - if they found him "guilty" would that then be the end of it? would he have to pay compensation if it was only through the company?

I am so worried of the repercussions of this I am makingmyself ill.

[helsi]

No it was still within company proceedings.

So therefore if it all still goes on without him as he has forfeited his right to go through the procedure - if they found him "guilty" would that then be the end of it? would he have to pay compensation if it was only through the company?

I am so worried of the repercussions of this I am makingmyself ill.

[helsi]

No it was still within company proceedings.

So therefore if it all still goes on without him as he has forfeited his right to go through the procedure - if they found him "guilty" would that then be the end of it? would he have to pay compensation if it was only through the company?

I am so worried of the repercussions of this I am makingmyself ill.

[UCM]

No, it's only if it goes to court outside the company. If he was found guilty, the worst thing they could do is sack him. He has resigned. They will still have the meetings though, he doesn't have to attend, it's just for the company, to ensure they are following grievance procedures. I would stick 2 fingers up at the company tbh and find another job. Not sure about getting a reference from them though.

[UCM]

Sorry, forgot to add, what a load of crap to be going through. Don't bloody worry yourself. The person complaining has got what they obviously wanted, him out of a job. Thats it now as far as I know.

[helsi]

thanks UCM - I actually rang ACAS and they more or less said that they can do no more now as he is no longer an employer.

We are not bothered about a reference for other jobs as we are in the process of buying our own business and a friend has given him a temp job until that goes through in the next few weeks so he will be any referee that we need.

[UCM]

Excellent, hope your mind is now at reast .

[smittenkitten]

hope this is all sorted. if he's resigned with immediate effect that should be end of it. hope you are able to move on now.