Suspended for Gross misconduct. But boss says resign?

[kemlyn]

I'll try to keep this basic ....While I was off for 5 months with depression I ended up with a First and Final Written Warning due to a sick note being posted late and poor communication etc anyway I stupidly just accepted it and I returned to work . Before it was issued my boss asked me to meet him on a work's CAR PARK and basicly advised me to resign and said if I go down the disciplinary route the outcome would'nt be any better and that I would probally get sacked. But I would'nt resign I told them to go ahead with the disciplinary. (I know I should have had someone with me to witness it but my mind was elsewhere at the time) Now, Ive just been supended for a stuipid mistake that Im not proud of...and now I know they will sack me on grounds of Gross Misconduct. Should I make them do the disapline route even though I am guilty or should I just resign and have done? Someone said It would affect me claiming benefits if I end up Jobless? Please can you help me I never been out of work in my life, dont have clue what to do at all?? To top it all off I am also in debt managment paying off a debts of approx �30,000. I give Up........

P.S I'm sorry for the spelling mistakes

[Whickerman]

Look - this is quite simple. As unfair as it sounds, you're not wanted there. If you get sacked, you'll have one hell of a time getting another job. If you resign, at least your record is pretty much clear.
If you know you're getting the boot anyway, resign asap.

[freak_unique]

I would say to wait until you are sacked because if you resign, they wont let you sign on and claim job seekers allowance for a few months because youve left employmeny by choice. If you get sacked then you can go stright down the job seekers and arrange your benefits to support yourself. At the end of the day no other employers need to know you were sacked, Just use other jobs as references :)
Plus i cant help thinking its very unproffesional the way your boss had that chat with you in the car park are you sure he just hasnt got it in for you or anything and trying to get you to leave?

[EDDIE51]

How long have you worked there?

[EDDIE51]

What you have described does NOT count as Gross Misconduct.
Gross Misconduct is a complicated issue but what you describe is in no way Gross Misconduct.

[EDDIE51]

read this carefully
http://www.lawdonut.co.uk/law/employment-law/discipline-and-grievance/gross-misconduct-faqs#1
To dismiss someone for Gross Misconduct a very specific sequence of events must be followed. Your company has already made a huge mistake by talking to you informally in the car park. You should have had a formal letter asking you to a disciplinary meeting.
Consult lawyer who takes employment law cases, there are 100s if you Google it.