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Gross-Misconduct & Resignation

Hi everyone,

One of our employees conducted gross misconducted and we sent him a disciplinary meeting notice. His manager has accused him of the gross misconduct. After the investigation looks like the manager is correct. 

Can the manager, employee, employee's representative and HR conduct the meeting or should manager be there be another person to be the judge? 

This employee has also resigned, so should there still be a disciplinary meeting at all, instead can we put him on the garden leave because we will have to pay him to notice? 

Thanks

Shweta

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  • it’s better if someone who hasn’t been involved at all in the process hears the disciplinary meeting.

    You can’t stop someone resigning. But similarly they can’t stop you going through the disciplinary process while they are still employed ( and there are some good reasons why you might want to). Clearly they can delay it. It probably comes down to how long the notice period is. If it’s a week then little chance of concluding things. If it’s a month or more every possibility.

    It’s only if they resign with immediate effect ( ie no notice just leave from today ) that you have little choice but to let it go.

    For completeness you have the option ( depending on industry as to how likely you would use it) of saying in any future references that they resigned pending a disciplinary for gross misconduct.
  • In reply to Keith:

    Thanks Keith. This employee has been less than six months, is on a 1 month notice period and said his last date is 24th Oct (he resigned today) and we are in IT industry. I was thinking to accept the resignation, consider today as his last date and pay lieu in notice so we dont have to go through a disciplinary hearing. Does that not sound right? Just want to make sure that I am following the right steps.
  • In reply to Shweta Thorat:

    As said above many people would still carry on with the disciplinary process as not to means you have to pay him a months salary and frankly why should you? You have till the 24th to finish the process - or he can resign with immediate effect....

    It does rather depend on what the GM was.
  • In reply to Shweta Thorat:

    You've perfectly sound advice from Keith. But i'd just like to point out that you cannot refuse to accept someones resignation. You can't make them stay, and/or make someone work their notice!!
  • In reply to Keith:

    Thankyou Keith