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URGENT HELP NEEDED PLEASE. To be sacked or to resign and how it would affect benefit.

Hello Everyone! Apologies for the UPPER CASE subject line, but I'm in dire need of some advice.

I have a meeting with the HR department at my work at 3:30pm this afternoon and there is a very good chance i'll be sacked due to poor performance (although that is their opinion!) They may however, give me a chance to resign in order to allow me some time to find another job.

My question is, if i do get the sack, will that affect what i can claim for in terms of benefits? Or would it be better to resign?

Any help would be SO appreciated.

Thank you!

Justin

Comments

  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    Unfortunately you could be sanctioned from receiving JSA for up to 26 weeks in either case. I would think that this would be less likely if you were sacked although this could have longer term repercussions on your future.

    This isn't a clear cut question and you might well be given other views on the subject.
  • what industry do you work in?

    How long have you worked there?

    Are you saying you question the perforemace issues they are bringing against you? if so, how and what evidence do you have? Have you had training etc to bring your performance in line with others etc etc?

    What is your personal circumstance? ie living alone, or with parents etc etc. Obviously if you resign but live with parents the financial impact isnt as great as having a £900 pcm mortgage etc so all needs to be considered

    If you resign you may not be able to claim JSA straight away.. so you need to ask how will you live

    If you get sacked...can you explain it to a future employer?

    resignation will impact your JSA, sacking will impact your future prospects....

    I think for the next few hours you need to cincentrate on keeping your job.... why not post the full story and someone should be able to offer advice

    Good luck
  • MX5huggy
    MX5huggy Posts: 7,169 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Best of luck,

    But if you do end up job less claim JSA straight away, don't make the mistake of waiting 6 months as a self imposed sanction because JC+ will not take this into account and may start the sanction from when you claim.
  • Thank you very much for the replies peeps!

    Ok, I work for a motor finance company and have done for four and a half years.

    My father passed away last year and this has obviously affected my performance. We are required to achieve 100 calls inbound a day and my average has been about 85-90.

    I have been on a performance improvement plan since july and have not managed to improve the stats as much as i need to.

    Also, myself and my wife have been discussing separation and this has affected my mindset at work too.

    So I am up for disciplinary again today and am expecting to be sacked. But i dont know if offering to resign would be better for me and my family - benefit wise.

    I am married with three young children. 6, 5 and 19 months.

    Any advice would be appreciated.

    Justin

    (getting incredibly nervous now)
  • GotToChange
    GotToChange Posts: 1,471 Forumite
    Please try to stay calm; I feel for you (have had a similar experience and still bear the scars)...

    Can I safely assume that this is the "final" meeting - and that the whole warning and disciplinary process has been followed?

    In my opinion, "performance" is a tough one; they really should have offered some support before it reaches the point of dismissal - have such steps been taken? Have they "failed" and your performance not improved (in their opinion)? Are there other ways they could have helped you? Were they aware of your personal worries (although of course, not all employers are sympathetic)?

    On a wider note, I cannot imagine that your industry has not been affected by the recession - have allowances been made for this? Are your targets individual or collective or company wide? Is there any wriggle room?

    I know a lot of my questions may seem like stable door/horse bolted - when really you are looking past this to what you can do if dismissed/given the "chance" to resign... so, the Jobcentre will look into it either way. Yes, you will still have some vestige of pride and a less blemished work history if you resign but in this case, I would imagine any benefits would be sanctioned (although as a family breadwinner, I think non-entitlement to JSA doesn't mean you don't get ANYthing...) but if you "let" them fire you, the Jobcentre will look into it but you will in all likelihood get JSA - but please don't hold me to that. I believe that if a person is fired for gross misconduct, then there is a problem but performance issues are so subjective that it is hard for all the blame to lie with the claimant (in my opinion that is).

    I hope that you have some support/a witness in your meeting and that you can keep your head togetehr. As I said, I'm not proud to admit it but I have been in your shoes so I will be thinking about you and hoping it goes as well as it can.
  • brians_daughter
    brians_daughter Posts: 2,148 Forumite
    edited 14 October 2009 at 2:06PM
    You need to think about the following and put up an argument to keep your job..

    As it is in bound how are everyone elses call stats? this should be accessable to you

    why are you not getting the 100? is it wrap time? is it too long on previous calls? or are ppl in general not getting 100 calls

    How is your performance on all other KPIs? ie if sales and customer service are good you can argue this

    I would also look at posting asap on employment forum for assistance with the meeting - late i know, but you never know

    re-itterate to them the hard time you have been having and request more training if you get the opportunity to do so . if you have shown improvment whilst on the plan say so, if you havent had the right level of support with your team leader, say so. If you feel you are fighting for your job make a good go of it

    4.5 yrs is a long time, you cant just write it off on your cv etc

    I worked in a call centre outbound and my stats where always down, i faced many disciplinary hearings but always 'got away' with it. Primary reasons where my conversion rate was 5 times that of anyone else, my call times where a lot lot longer, my talk time every day was 50% longer that the KPIs stated and my revenue was always in the top 3 of the dept. But they where hell bent on us doing 100 calls a day and 2 hrs talk time. I only ever kept my job as i had all the figures

    I wish you luck, let us know how you go, but do get on the other board and see if ppl can assist with your hearing today
  • Thanks! I've just posted on the employment forum and keep an eye out before i go.

    I will let you know how it goes (if i can still use this work pc after the meeting!)
  • Good luck, tough time for you for sure, don't give up too quickly they have a duty of care responsibility to you and you should take advise if things go wrong from a free legal representative. Don't resign and if you have already seek some advise on constructive dismissal, call acas for support the phone number is 08456 06 16 00. Good Luck
  • dookar
    dookar Posts: 1,654 Forumite
    if you resign because you ressonably believe you are facing immediate dismisssal then leaving voluntarily rules do not apply. they may, however, consider misconduct. misconduct is a deliberate action or one brought about by carelessness or neglect, being unable to reach targets (if its a genuine inability) isnone of those things. im on my mobile so wont go on, post any questions and ill respond later tonight :)
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