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Can I resign after suspension? When can I resign?

Can I resign after suspension?

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Hello everyone,
I am working in so and so company, one of my colleague and me had arguments and he start mentioning my family and about my knowledge and communication skills, so I hit him and he compaint to police without discussing with management.

Now I am on suspension. I know how I worked there comparing to him, but now I don't think I will get hike or promotion. Will I apply for resignation after I join there?

IF I resign when do I need to resign? Will I get all the papers after resigning? Will there be any problems? Please advise.

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Shonette new
By Shonette
04th May 2016 16:52

Hi anonymous - so just to check, you're currently on suspension, and you want to resign but want to know at what point you can do so?

So you want to check if you can resign now or wait until you go back to work - have you had much communication from your employer about your suspension?

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By clive boorman
05th May 2016 08:40

Hi there anon; this is a complex situation; I am assuming that you are considering resigning to avoid possibly an outcome you have already decided will happen.
What I would say is that you could resign at any time but that might not stop the investigation going ahead or the formal meetings where they conclude what the outcome is. Even if you did resign, they may still invite you to attend meetings and if you decline they could still hold them without you being there, making a decision without your input. In addition, the company may not accept you resignation until they have concluded the investigation.
If the Police are involved the investigation may also include acknowledging proceedings that are bought via that route which may feed into the outcome. I would ask the company what process they are taking so that you are aware what will happen.
You ask will there be any problems; well that depends on how the company want to play it. You will no doubt need to provide their details, as referees, for future employers and then you are relying on what they say. You may want to ask them to consider a compromise i.e. would they provide a suitable reference if you resign? The proceedings that may be bought via the police' depending on what they are, may also have to be stated on any job application.
What I would recommend is that you reflect on the issue of hitting people which is never acceptable (no matter how provoked you were) and consider, if appropriate, anger management classes. If you take responsibility for those actions and do something positive it may help.

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Replying to clive boorman:
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By mkj3003
06th May 2016 09:47

Thanks for your respond.
i have taken my responsibility, i have told then that its my mistake to hit a guy in office premises, so they suspended me with salary. i dont know what will hap next. please suggest me.

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By clive boorman
06th May 2016 14:19

Hi mkj, what usually will happen is that the employer will conduct an investigation into the incident - I would expect the end result of that will be to decide whether your actions amount to gross misconduct and if so, the person managing this case will decide what the formal result will be after the investigation is completed. Although admitting it was a mistake is a positive move, I would say be more pro-active in ensuring it won't happen again; hence my previous comment about reflection and considering an anger management course etc.
No one here can tell you what to do about this as regards resigning; that's for you to make up your mind. I would, at least, contact the Employer to ask what the timelines are and what will happen next. This is really difficult situation to advise on as it includes physical violence which, as I say, is never acceptable. Anything here said here could never replace the findings of the investigation. I'm guessing you just want to wind things back or make things better but you have to talk to your employer to understand their position more.

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Replying to clive boorman:
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By clive boorman
18th May 2016 15:02

Hi MKJ, just found thi slink on the .GOV website which states the employers obligations around this subject:

https://www.gov.uk/taking-disciplinary-action/overview

You can see that you have a right to know what the process and timelines are, you should refer to this when you correspond with them. Failure to comply may mean that you 'might' be able to appeal against any decision if you don't believe they have followed the correct procedure.

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By mkj3003
17th May 2016 06:55

Hello clive boorman,

as i told you before i have contacted HR and he said the legal team still didnt come back. Still i am on suspension, dont know what gonna be happen. i dont know whether they will terminated me or not. i asked HR directly that whether they terminate me, he said i dont know i think they will warn you. please help me. i amon confusion.

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By clive boorman
17th May 2016 08:56

Hi there, you still have rights even though you're suspended and the HR team should be able to tell you the process. You now need to put your request in writing being polite and firm asking to know what is happening and the timelines they are working to. Address it to a number of people that you know are involved. If you e-mail it put a read request on it. It may be worth you attaching an extract from the .Gov website with the rules regarding disciplinary procedures. I'm on a phone currently but you should find it by putting .gov disciplinary procedures for employers into your search engine. If you attach this they can see you know your rights. The only other way to force the issue is to get some legal advice but try writing first.

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