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Help! - I've resigned. :(

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Hi All,

I really need some advice if possible, im in a bad situation. apologies for the long post; basically i started my job just over a year ago, about 2 months after starting i was put on a performance review stage 1 - we have 3 stages in the company, where stage 3 is dismissal. This was due to my performance not being up to standard - not my fault, and i was trying my best.

so since then i continued working hard, doing everything they said and trying to improve but a month ago i was put on a stage 2. This is a formal caution. I was told if i make one more mistake it would go to a stage 3 - basically the pressure got too much and i was turning in late after having no sleep and crying while at work, i was feeling extremely stressed. I saw Occupational health who told me they couldn't help as i had no underlying illness., and just to try to relax. Since being on my stage 2 my boss has continually told me that if i left on my own accord, i would have a good reference, wheras if i waited til i was dismissed i would have a 'bad reference' (his words) and a dismissal on my record - which i didnt want, as this would hinder my chances of finding another job, I also felt he was backing me into a corner to convince me to leave willingly by saying this.

I work (worked..) in a call centre, and had never done this type of work prior to starting, so it was a new area for me. I found it hard to deal with customers shouting at me, and never could meet the sales targets set. So monday it all came to a head and i sat down with my boss and he agreed i should leave, having no sick allowance left so i couldnt take time off to go sick (otherwise i would have). I was crying and was very distressed. I just didnt feel like i could do the job - under that pressure, anymore.

I have looked for alternative work but have so far not been successful. i made a claim for jobseekers allowance yesterday but have no idea if im elligible as i left voluntarily. Can anyone help me with this? what is the process? am i likely to be sanctioned? - i am single and live in shared accomodation and don't have family to support me. i dont want to be evicted. Would they take this into account or doesn't it matter to them? Does anyone know if theres anything else i can claim if my benefit claim is cancelled? I have never been in this situation before so i have no idea what will happen. I just know i tried my hardest in this job and just couldn't do it! it sounds ridiculous but it just wasn't the type of job i could do. - I realise people may think, ok another scrounger, but any non judgmental advice would be greatly appreciated.

Thanks
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Comments

  • I'm no expert but if you're boss told you to go how is this voluntarily leaving? I would make sure you outline to the benefits people that this was the case. Your boss asked you to leave as your trial period didn't work out. I personally wouldn't say you left voluntarily. I would try to get some advice - maybe from your local Citizens Advice Bureau or have a look online. There is such a thing as Constructive Dismissal but as I say I'm no expert and don't know if this would apply to you?

    Anyway, I'm sure that you did the right thing! If your job was making you that ill you are much better off out of it. All the best of luck with finding a new and better job! Now is the time to take this opportunity to turn your life around and do something you really want to.
  • Sorry I have no real advice but didn't want to just read and run. As Sloganjerry has said no job is worth making yourself ill over.
    Don't wait for your ship to come in, swim out to it.
  • gravitytolls
    gravitytolls Posts: 13,558 Forumite
    Sounds to me like your boss took advantage of your emotional state to force your resignation.

    You need professional advice, as it sounds to me as if you were bullied into leaving, I'm not sure, but I've a feeling the Job Centre have advisors that deal with such cases, certainly CAB will point you in the right direction.

    Agree that it's not worth your health, but if you can bear to, and if you are advised to do so, don't let these people get away with such behaviour.....you were never going to stay clear of Stage 3 once they'd gotten you in such a state.
    I ave a dodgy H, so sometimes I will sound dead common, on occasion dead stupid and rarely, pig ignorant. Sometimes I may be these things, but I will always blame it on my dodgy H.

    Sorry, I'm a bit of a grumble weed today, no offence intended ... well it might be, but I'll be sorry.
  • Hi Anne

    I've been in a similarish situation to you so hope I can offer some comfort. I had an underlying health condition and had been at that job for a few years so you'd think I'd be treated with some respect/compassion but NO

    Believe me you have done the right thing and I hope you will feel lots better without all that stress. I've never regreted getting out of there for a moment. :jand looking back I'm sure you won't either.

    When you are interviewed at Job center plus just be really honest. They are really willing to help. I wasn't sanctioned but that may be because I have a genuine health condition so I can't say what will happen in your case-sorry.

    Try to see this as a positive new start. Call center work is not for everyone, as has been said it's not worth making yourself ill over! You have made a positive decision, and you never know something great could come of this (I never could have said something so positive when I was in that place-just look at the difference in me :D)


    Lots of luck, and remember just be honest!
    Thanks to all posters for your never ending help and support
    :beer:
  • Mymymy
    Mymymy Posts: 47 Forumite
    This does sound like constructive dismissal by bullying. However you would have a hard time proving it given you were under performance review unless you have witnesses or anything in writing. Also taking something like this forward can take up time and resources (not to mention stress) that would be better put into finding other employment.

    Best of luck in finding something new.
  • rozmister
    rozmister Posts: 675 Forumite
    I've been on the other side of the coin and persuaded someone who obviously could not cope in a sales job to leave (I was Team Leader). They had underlying mental health issues (that they failed to disclose) and they were obviously makes themselves more unwell trying to work within that environment, not to mention the toxic effect it was having their colleagues; my team members. I sat down with them, discussed the fact they were unable to cope and were unwell and told them that if they were making themselves sick the job wasn't worth it. They decided to leave and to my knowledge they were placed onto the benefit for people who are unwell (I'm not a benefits expert) because they were diagnosed with stress and anxiety. It may seem harsh but at the end of the day if you can't do the job and it's upsetting you a lot it's not good for you, it's not good for the people you work for and it's not good for your colleagues. Sales never gets easier, if anything the longer you do it the harder it gets - more is expected from you on a more consistent basis.

    I'm not saying you are mentally unwell at all, that would presumptuous, but if you have been really struggling with the pressure it may be a good idea to see your GP. They can guide you to people who can help you with the crying and sleeping and, if this has knocked your self-esteem, help to build your self esteem up. By discussing how you feel with them as well they may be able to write a letter for the JobCentre just confirming the pressure and how it's affected you.
  • dave82_2
    dave82_2 Posts: 1,328 Forumite
    This sounds to me like constructive dismissal. The problem is to fight this you need plenty of evidence. If there is any hard evidence of your boss telling you that you should leave or get a bad reference or people willing to back up your side of the story then seak legal advice. Otherwise it will be hard to fight.
  • I don't see how it's constructive dismissal. The OP sometimes failed to turn up for work, frequently turned up late according to her, and could not do the job she was hired to do.

    The company seems to have followed the rules by warning her of her poor performance, putting her on a performance plan (which would have clearly-defined targets and have been signed by both employee and employer) and trying to make a go of it with her. Clearly this has not been successful and the OP could not improve her performance to meet requirements.

    You will not win a constructive dismissal case. They are hard to prove anyway and the company has done things by the book. The only thing which is questionable is being told that it would be better for her CV if she resigned rather than being dismissed - this seems quite helpful to me! It's always better to be able to tell a future employer that you left of your own accord rather than being fired.
  • It is all irrelevant now as you have left, but I have a query regarding your warnings. If you were placed on the 1st warning 2 months into your employment and then the second warning recently and you state you have been there for over a year then the gap between your first warning and second warning seems to have been at least 10 months? I have never heard of any first warning lasting that long. Have you been having regular meetings and not achieving targets and that is why you were put on the second warning?
  • TEDDYRUKSPIN
    TEDDYRUKSPIN Posts: 1,528 Forumite
    Anne. First things first.

    (1) You have gone to the job centre to apply for JSA.
    (2)Contribution or income based?
    (3) Did you also apply for housing benefit, council tax etc? If not, you must do this. Separate forms.

    All the above will wait for a decision. The job centre are'nt really cruel people. If they do dismiss your case, it will be on grounds on what your previous employer stated.

    You must then tell them you were actually been made to resign on the basis of poor performance and this would of resulted in your being made redundant. Likewise. So in this case, you will usually get contribution based- JSA i.e. as long as you have paid enough tax.

    Enough, you will have to wait six months.

    The above, does'nt actually affect the rest of the benefits. Other factors such as savings etc will affect the decision.

    As for another job? You have actually been out of a job only in a short space of time. The market, really has not picked up. So stay in there. Keep your chin up and continue to apply for most jobs. Make sure your tailor each job to a specific vacancy. Generic cv's don't work.

    Citizen advice bureau can help you with benefits.

    As for the so-called forced in to dismissal. You can phone up ACAS for advice.

    In future, do not panic because you will be sacked. In rare cases, references are not what they are nowadays. Most references only need to state if you have worked there before and only contact the HR department. If you specific a specific person, which would be stupid, they should never write a reference letter which will result you losing your chance of obtaining a new job.

    Too many people have fell for this. Companies are only allowed to decline to offer a job reference. They must reply back that they have worked there before.

    Good luck.

    All the above means, is that you are not suitable for a sales type of role. Not everyone was built to be doctor, scientist, etc etc......
    Everyone has a specific thing they can do.
    Motto: 'If you don't ask, you don't get!!'

    Remember to say thank you to people who help you out!

    Also, thank you to people who help me out.
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