Work have just asked me to resign! Oops!
11-08-2005, 10:33 AM
#1
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Work have just asked me to resign! Oops!
My boss has just asked me to resign. He said that if I do not resign today then the company will serve me with notice.
The reason for this is because a few months ago I said I was no longer happy here and that I was seeking alternative employment, they feel that I am no longer committed to the role even though they cannot fault my work, so they've asked me to jump or they'll push me!
What a dilemma!
Is this even legal? I'm not so sure myself?
DAMN IT!!!
The reason for this is because a few months ago I said I was no longer happy here and that I was seeking alternative employment, they feel that I am no longer committed to the role even though they cannot fault my work, so they've asked me to jump or they'll push me!
What a dilemma!
Is this even legal? I'm not so sure myself?
DAMN IT!!!
11-08-2005, 10:36 AM
#2
Stay, they cant sack you for a lack of commitment unless demonstrated by an effect on your work.
OR leave now and sue them instantly for constructive dismissal.
But thats only my opinion and im not a lawyer, so check with someone who is!
OR leave now and sue them instantly for constructive dismissal.
But thats only my opinion and im not a lawyer, so check with someone who is!
11-08-2005, 10:39 AM
#3
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Yeah imo they cant sack u if u have done nothing wrong, and you can sue them for unfair dismissal! Hes saying that to make them have and easier way out imo. I think they only way they can do it is to say lay you off, though that fooks them up for a bit as they can employ someone else to then do the same job i think 
Sounds like hes a right knob jobkey though 
Sounds like hes a right knob jobkey though
11-08-2005, 10:41 AM
#5
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No its not legal is the simple answer, well not unless youve been there under a year, then although its not legal you have very few rights and companies can push you out without much risk of action against them.
I wouldnt leave, get pushed out and go to tribunal
I wouldnt leave, get pushed out and go to tribunal
11-08-2005, 10:43 AM
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They can only make you redundant, they cant dismiss you without reason. Do not resign yet, speak to a solicitor and they will advise you. You have 3 months from you actually resign or are sacked to file for unfair dismissal.
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11-08-2005, 10:46 AM
#8
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If you resign and you get stuck for work you cant claim Job seekers allowance i dont think? So would hang on as long as you can untill you sorted a new job!
11-08-2005, 10:47 AM
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I have to ask, why did you tell them you were 'seeking alternative employment' in the first place?
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
11-08-2005, 10:50 AM
#10
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Originally Posted by Porkie
I have to ask, why did you tell them you were 'seeking alternative employment' in the first place?
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
Are you still looking around? If not, tell them, and that might make it all OK.
I hope everything works out OK for you anyway
11-08-2005, 10:55 AM
#11
PS
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
If thats the case, then if it was me i would hand in my notice, quoting a leaving date 2 months in the future, and hopefully they will accept it and then have to pay you up to that date, even though you probably wont have to work it!
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
If thats the case, then if it was me i would hand in my notice, quoting a leaving date 2 months in the future, and hopefully they will accept it and then have to pay you up to that date, even though you probably wont have to work it!
11-08-2005, 10:57 AM
#12
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Originally Posted by Porkie
I have to ask, why did you tell them you were 'seeking alternative employment' in the first place?
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
I thought honesty was the best policy, I wasn't happy so I told them, should've lied.
11-08-2005, 10:58 AM
#13
Originally Posted by M7 COS
Originally Posted by Porkie
I have to ask, why did you tell them you were 'seeking alternative employment' in the first place?
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
I thought honesty was the best policy, I wasn't happy so I told them, should've lied.
NEVER TELL ANY OF THEM THE TRUTH EVER!
11-08-2005, 10:58 AM
#14
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Originally Posted by chip-3door
PS
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
11-08-2005, 10:59 AM
#15
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Originally Posted by Fraz
No its not legal is the simple answer, well not unless youve been there under a year, then although its not legal you have very few rights and companies can push you out without much risk of action against them.
I wouldnt leave, get pushed out and go to tribunal
I wouldnt leave, get pushed out and go to tribunal
DAMN IT!!!
11-08-2005, 11:03 AM
#20
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Originally Posted by St3V3_C
Originally Posted by M7 COS
That's what I'm worried about! Had a verbal warning for using the internet a few weeks ago.
I don't really care now anyway! I only came on to get some advice.
Thanks everyone!
11-08-2005, 11:08 AM
#21
............
U need two verbals and a written i think before thay can touch you.
Just dont resign...if they want you to leave then it's their problem not yours. The only way to force you is to prove Gross Misconduct and the corresponding evidence and written warnings or to make u redundant.....
If you resign you may leave urself in the mire with regards to benefits, etc
Dont be bullied.
If they have acted on what you said without u putting it in writing they are more guilty of stupidity than anyone!
Just dont resign...if they want you to leave then it's their problem not yours. The only way to force you is to prove Gross Misconduct and the corresponding evidence and written warnings or to make u redundant.....
If you resign you may leave urself in the mire with regards to benefits, etc
Dont be bullied.
If they have acted on what you said without u putting it in writing they are more guilty of stupidity than anyone!
11-08-2005, 11:20 AM
#22
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Originally Posted by M7 COS
Originally Posted by chip-3door
PS
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
11-08-2005, 11:33 AM
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Originally Posted by M7 COS
Originally Posted by Porkie
I have to ask, why did you tell them you were 'seeking alternative employment' in the first place?
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
were you hoping for a cheeky payrise or promotion? if not then that was a silly move if you ask me!
I thought honesty was the best policy, I wasn't happy so I told them, should've lied.
11-08-2005, 11:39 AM
#25
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They can't fire you on the spot unless for "gross misconduct". In any other scenario, they have to give you a warning, and setup objectives, etc... for you to meet and prove you are capable of doing your job or not.
Have you had appraisals, do you have a job description and objectives, if so, and you have always been "praised", you have a strong case. If not, you still have a strong case, cos they have nothing against you.
Try and find an employment sollicitor, they usually allow you a 1/2 hour to 1 hour free consultation to advise you, and work out if you have a case, in which case they can help, for a fee.
Sounds like they have no grounds to fire you and are trying to get rid of you the easy way. As for compensation for redundancy, unless stated otherwise in your contract, I think you're looking at something like Ł500 per year of service max, so nothing to shout home about unless you've been there for a long time.
I had to try and get rid of someone on probation many years back, but because we didn't set objectives in the first place, we had to extend probation and closely monitor progress against objectives, we simply could not fire the person without reason
Have you had appraisals, do you have a job description and objectives, if so, and you have always been "praised", you have a strong case. If not, you still have a strong case, cos they have nothing against you.
Try and find an employment sollicitor, they usually allow you a 1/2 hour to 1 hour free consultation to advise you, and work out if you have a case, in which case they can help, for a fee.
Sounds like they have no grounds to fire you and are trying to get rid of you the easy way. As for compensation for redundancy, unless stated otherwise in your contract, I think you're looking at something like Ł500 per year of service max, so nothing to shout home about unless you've been there for a long time.
I had to try and get rid of someone on probation many years back, but because we didn't set objectives in the first place, we had to extend probation and closely monitor progress against objectives, we simply could not fire the person without reason
11-08-2005, 11:51 AM
#26
One thing i will say is that if you resign then you go to look for a new employer with a "clean sheet" if they do decide to go down the gross misconduct route (which does NOT normally need any form of warning at all!) then you end up with a badly tarnished reference at the end of it.
Stupidly most companies treat internet misuse as basically theft!
Stupidly most companies treat internet misuse as basically theft!
11-08-2005, 12:00 PM
#27
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Originally Posted by Fraz
Originally Posted by M7 COS
Originally Posted by chip-3door
PS
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
If you are using this forum at work, most companies have a really vague "computer misues = gross misconduct" clause and almost every who works at a PC is technically guilty of it, so they may be able to legitamely sack you on those grounds.
11-08-2005, 12:00 PM
#28
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I think You can be suspended without pay, then they dont have to return you to your job if their not happy. we had someone here say he wasnt happy with the work and money we told him he would be suspended as we didnt want him winding up and causeing friction between other employees.
Hes still here as he was trying to lay the law down to us and wanted us to beg him to stay, he just shat out on the annual payrise aswell
Hes still here as he was trying to lay the law down to us and wanted us to beg him to stay, he just shat out on the annual payrise aswell
11-08-2005, 12:02 PM
#29
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I just spoke to ACAS and the Citizens Advice Bureau and they have told me that basically as I haven't done a years service I do not have a leg to stand on.
They have instructed me NOT to resign under any circumstances but negotiate and accept the terms of the termination. Seems a bit strange to me but that's what they told me to do.
They have instructed me NOT to resign under any circumstances but negotiate and accept the terms of the termination. Seems a bit strange to me but that's what they told me to do.
11-08-2005, 12:06 PM
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The reason for the 1 year thing is so employers can actually see what people work like. We find after 3-6 months most people slow down and start becoming a bit lazy etc,especially apprentices etc. Then you dont need go reason to get rid of them.
11-08-2005, 12:35 PM
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Originally Posted by chip-3door
Guess you have to go by what the experts say, but personally i would sooner have
"reason for leaving last job = resigned"
than
"reason for leaving last job = fired"
"reason for leaving last job = resigned"
than
"reason for leaving last job = fired"
11-08-2005, 01:03 PM
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no.... thats why its one months notice!!
if you want 2 months notice then have to put that in a contract.
I know our top brass are on about 6 months notice period.
If they still decide to walk technically you can't stop them just don't pay them moneys owed. but probably you only gain 1 months pay.
and if they leave at correct time even then your stuck... but you could in theory (my theory
) sue them for breach of contract and recover recruitment/training costs or loss of production potentially??
if you want 2 months notice then have to put that in a contract.
I know our top brass are on about 6 months notice period.
If they still decide to walk technically you can't stop them just don't pay them moneys owed. but probably you only gain 1 months pay.
and if they leave at correct time even then your stuck... but you could in theory (my theory
) sue them for breach of contract and recover recruitment/training costs or loss of production potentially??
11-08-2005, 03:49 PM
#40
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The meeting is over and I am officially a goner! My last day will be tomorrow and I will be terminated accordingly at the end of the day.
Hopefully it's for the best.
CheeRS for all the helpful replies guys.
Hopefully it's for the best.
CheeRS for all the helpful replies guys.