Disciplinary during notice

[jo-1977]

hi,

I am currently 7 weeks into a 3 month notice period and my company have suspended me and asked that I attend a disciplinary hearing about something which is my word against someone else's. I would prefer to just not return to work as I cannot say anymore except deny the allegation, which I did in my interview, and don't see what will be gained from attending. How do people suggest I progress with this?

Thanks for your help, Jo

[Riss]

If you have another job,tell them to stuff it and leave,if you haven't and will require references you will have to go,and stand your ground.

[dothawkes31]

They are trying to make you leave without having to pay you your full erntitlement, stick with it and get everything you can out of them and mentionm the word constructive dismissal and and look at this link and ring these people up:
http://www.acas.org.u...x.aspx?articleid=1365

[factor-fiction]

I question the both of the above pieces of advice. I think you should attend the hearing and see what happens.

[dothawkes31]

that's basically what i said factor! The employer can't just bully people out of a job.

[buildersmate]

So do I, F30. But then again you and I tend to think alike on these issues.
Tell them to get stuffed may make you feel great but you never know when you may need another reference or some other info in the future from them. So that's a dumn strategy
Suggesting the magic words 'constructive dismissal' may appear to up the anti, but what happens when they say - OK, then claim constructive dismissal. Since you've already resigned and are merely working out your notice, all that happens is they will stop paying you and then you have to go bleating to the ET to get back the lost notice period wages with maybe the off-chance of a few readies in compensation for your troubles. And you might not win the case. Not a bright strategy, eh Dot?

[factor-fiction]

Sorry dot. I I read Riss's "stuff it" and then misread yours as "stick it" rather than "stick with it". However I do question the idea that the employer is trying to stitch jo-1977 up and I don't see any need to go in and mention (threaten) 'constructive dismissal'

[dothawkes31]

it might not seem a bright strategy, but when you are in that situation it can be confusing and everything seems unjust, i felt like that last year and found that i could not trust people i had worked for over a number of years, so any kind of discussion was always fraught with emotion and upset,

[buildersmate]

Wholly understand and accept that, Dot.
So how does claiming constructive dismissal help in this situation?
Constructive dismissal means that you resign your post and then claim at ET that the actions of the employer forced you into a position that you had to resign. In effect, the actions of the employer forced you out.
Do you realise that?
The question-asker is leaving anyway.

[dragongiraffe]

Hi Jo: Put your own story down on paper & take a copy to Jobcentreplus seeking advice. Not all Civil Servants are ogres, y'know - some of us even have a sense of humour, decency & honesty. Whatever you say to your employer, do so in writing (retaing copies) - means no misunderstanding re: words or context.
Constructive Dismissal threats no longer have the bite they once had. They can now be expensive routes to follow &, if done via. legal aid route, it's a very long, drawn out process which the employer can stretch out and obstruct, playing a waiting game. More effective today is the individual throwing the Human Rights Act around (contrast child molesters in their cells watching their 36" plasmas!). If you can introduce a "Big-Brother" scenario into things, it can only help, believe me.
Check out Ministry of Justice @: http://www.echr.coe.i...ts+and+its+Protocols/

(My cheque's in the post!!).