Gross Misconduct Hearing - Been offered opportunity to Resign.

[Don4071]

Hi. Would really appreciate any advice please.

 

I currently work for a public sector organisation. I initally started as an agency worker and in my attempt to try and good job whilst I was temping I emailed some documents to my home to work on them.

 

Only this month (July) I was taken on permanently by the organisation. However last week (12 days into my job) I was suspend pending an investigation for gross misconduct as emailing documents outside of the orgaisaiton is against company policy. I explained it was an error on my behalf - and they understand that but I still broke company policy - hence the suspension.

 

Today, 2 people from work came to my house basically 'without prejudice?' (what ever that means) to offer me the opportuity to resign immediately so I can get employment else-where. Or it wll go to a hearing where I won't be given the opportunity to resign and from the vibe I got Im going to be sacked.

 

I know they won't take this into consideration but Im the only one working and supporting my family and can't afford to lose my job.

 

The organisation want a response today as to what Im going to do - either resign or go for the hearing.

 

Im tempted to dig my heels in and go for the hearing however I think they've got me over a barrell and I know if im sacked I won't beable to get a clear reference.

 

and I don't know what to do?

 

Can anyone offer any advise please!!!

[leonmassey]

Heels in, without prejudice means they do not authorise u to bring it up in court that they visited you and offered you the chance to resign. Meaningless really. Something sounds really fishy here.

[Emmzzi]

Not fishy at all, just trying to save a lot of paperwork and actually may be doing you a favour.

 

If you know sending stuff home is a sacking offence, I'd bite their hand off. They have all the evidence, yes? You'll struggle to get another job with "sacked for misconuct" on your reference.

 

OTOH is it a "warning" offence? What does your union rep think?

 

12 days in, you are still on probation anyway. They could just let you go if they choose.

[becky2585]

It doesn't look good. Either way, you're leaving the job without the possibility of bringing a tribunal claim, so resignation in this situation would be the best option.

[themonster]

Sorry This went on the wrong post

Edited July 25, 2012 by themonster
Error!

[SweetLorraine]

Can you tell us the general nature of the documents and if you've seen a union rep yet?

[Emmzzi]

Is this your "ask" - 2 years pay-ish?

 

You are asking for far more than any ET would grant for most unfair dismissals (barring protected characteristics).

 

they could sack you and pay nothing. I think you need to be more realistic.

 

otoh if that is the offer bite their hand off!