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Employers investigating

WO2.Ghandi said:
Asking someone to resign is the same as dismissing them - I don't imagine they put the request in writing.

There is a difference.

If an employer dismisses the employee, the gates are open for a claim of unfair dismissal. The employee could cause the employer to run up disproportionate costs in defending the decision to dismiss. The case could attract media attention that could have detrimental effects on the operation of the company. Unions could be involved, also having the potential to disrupt company activities. Even if the outcome is that the dismissal was fair, the company could be adversely affected. The employee may wish to avoid dismissal as potential future employers would be wary of employing them.

If the employer requests resignation, and the employee accedes, he does not have the stigma of being dismissed and remains a viable proposition in the job market. Part of the resignation deal could be that employer's reference will skirt around the issue that led to the request for the resignation.

Attempts by the employer to coerce resignation should the employee refuse could be countered by claims of constructive dismissal, i.e. the resignation was not voluntary.

The resignation option is often viewed as the honourable action but, IMHO, it's clearly the most dishonourable as neither the employer nor the employee will end up telling the whole truth about the events leading up to it. Consider this when you next read of a figurehead tendering his resignation and subsequently being employed in a similar position.
 
putteesinmyhands said:
Attempts by the employer to coerce resignation should the employee refuse could be countered by claims of constructive dismissal, i.e. the resignation was not voluntary.

Agree with most of what you have said but the above is not strictly true. Constructive dismissal is where the employers' actions or inaction make it impossible for you to continue in your role.

What we seem to have here is the employer apparently forcing somebody to accept immediate resignation, without compensation, where they have a contractual notice period and outstanding, possibly contractually entitled, holiday. I think that would come under simple 'unfair dismissal', largely because I can't see any company's disciplinary policy saying "the investigative interview will consist of your line manager and 2 senior managers who will bully you into immediate resignation". But I may be wrong on the latter :D

I agree with WO2.G that 'asking somebody to resign' is the same as dismissing them - but with you about the reasons and expected consequences.
 
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