Resignation & paid notice

[bigjim69]

I am facing a discipilinary charge from gross misconduct. If I resign, and the company accepts it, but asks me to leave straigt away, (which I'm expecting them to do) do they still have to pay me in lieu of notice?

[Top Turkey]

I would have thought no, as your act of misconduct would have terminated your contract with immediate effect. They may, however, offer it to you as an incentive to leave.

The best thing to do is look at your contract - that should tell you how both sides can lawfully terminate your contract.

[buildersmate]

In situations of gross misconduct, the notice periods in the employment contract do not apply and the employer does not have to give notice. If you are offering to resign, I assume you are being offered this as an alternative to being dismissed without notice, so I imagine that your employer is unlikely to want you to give them notice. It is different from misconduct, for which notice would have to be given (usually a failure following a Final Written warning).

[spaced]

what did you do?

[bigjim69]

I resigned. They told me that I would be released immediately. They were a bit vague over whether I would get paid for my notice period though. If I dont get it do you think I've got a claim, or sould i just drop it?

[antiguru]

I think Spaced meant what did you do to be facing a gross misconduct charge.

I think they are still liable to pay your PIL because you were facing the charge and had not yet been found guilty.

You may have a claim, but be warned. Whatever you were about to be discipined for will form part of the employer's defence and Tribunals are often unsympathetic when employees have behaved badly.

[bigjim69]

Long story, but I basically cheated in an internal competition, that had external repurcusions (which I didnt know about until it was too late) and caused embarressment to the company.