Help please - Ive resigned.

Anne1234_2

Hi All,

sorry ive been moving this thread about, i wasnt sure where to put it...

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

RAS

Firstly, have you got that good reference yet?

Secondly, you will be sanctioned, but this affects your JSA only. You will need to claim hardship allowance instead (60 percent of JSA) Have you claimed LHA and CT benefit yet? If not, you need to get both those claims in immediately.

Speak to ACAS about whether this is effectively constructive dismissal.

And head over to the Debt free wannabee and money Saving old style forums for help making what little money you have go further.

Anne1234_2

Thanks for your help.

No, i haven't got the reference yet.. but then to my knowledge i'll never see this as it will only be forwarded onto potential employers at job offer stage.. So, really there is still no gurantee, i can only go by my employer's word.

i spoke to acas a while ago who said i had a case for constructive dismissal.. should i tell the jobcentre this? - would it go in my favour? acas advised me that it would be a long drawn out process in regards to constrctive diss. so, i don't think it'd be worth it given how low i've felt in the job - i kind of want to move on. plus then i'd lose my reference if i kicked up a fuss.

Thanks again

RAS

Anne1234 wrote: »

i don't think it'd be worth it given how low i've felt in the job - i kind of want to move on. plus then i'd lose my reference if i kicked up a fuss.

If you argue re constructive dismissal, you may not be sanctioned or sanctioned for a lesser period.

But you risk the decent reference?

Is there any sort of community advice provider in yourt area who can maybe help you make the best case?

In the mean-time, please get over to the other two forums and get practical help on surviving.

Anne1234_2

Hi,

I have considered this, but on the whole i feel that my anxiety / stress was related to that job in particular. I dont really suffer outside of work. Plus ive read the Esa is a minefield......so im not sure. But thanks for the advice. im pretty much expecting to be sanctioned, but i hope they will consider my situation and maybe not give me a 26 wk one....... i think id have the right to appeal if they did. i can live on hardship payments.

and i might find a job next week so problem will be solved. (although this seems unlikely.......)

AnxiousMum

Have you considered asking your employer for a reference? You could say that as you intend on applying for many jobs - you could save him the hassle of having to provide them when needed, and you would like to enclose a copy with your application. This way, you have your good reference, and then you can go about the constructive dismissal route as well?

RAS

I agree

Particularly if you are thinking about goign round and signing up with agencies, which you are, are you not?

Anne1234_2

...this is a very good idea and not something ive thought of. Can i do this?? i can at least ask.. then that way i have my reference and i have the option of constructive dismissal.

im signed up with various agencies already. im just trying to stay positive as i know we're in a recession but the *are* jobs out there...

in honesty i feel like ive been treated unfairly, - my colleagues can back me up on this - ive been doing my job fine for over a year and ok i struggled a bit at times but everyone makes mistakes sometimes, but i kind of feel like i *should* give up and say, i wasn't able to do the job - my employer will then agree - as thats how he sees it, then surely i can apply for jobseekers allowance. but that would be me basically saying, i messed up. when my employer forced me into this position.

.. on that note on my resignation i wrote that me and my manager had come to an agreement that i should leave - which is what happened. but then he added a 'counter response' which says it was soley my decision!! i was livid. well actually i just burst into tears and left. he said he wrote that as he has to 'cover himself' . its my word against theirs. and its most likely left me in the s**t now.

[Deleted User]

Sounds like Constructive Unfair Dismissal any day of the week to me!

GlasweJen

To be honest it doesn't sound like CD to me, the OP has been disciplined twice, given access to occupational health etc. It is hardly the fault of the employer if the OPs mental state affected their ability to do their job (though the threat about the reference is out of order).

Even if there was a constructed dismissal the JCP wont take the OPs word for it and will expect the OP to exhaust the companies grievance route before submitting an ET1 form and going through a tribunal if they want to claim jobseekers allowance without sanctions.

ETA the OP specifically mentions that the poster is not cut out to work in a call centre, if they can't deal with people shouting over the phone and were unable to ever meet targets would you be happy having them working in your call centre?

viktory

Deleted_User wrote: »

Sounds like Constructive Unfair Dismissal any day of the week to me!

I think based on the OP that would be incredibly difficult to prove. The OP has admitted making mistakes in the job, taking extensive sick leave and it sounds like the employer followed the right procedures. The OP and manager 'coming to an agreement' can, and has been, disputed by the manager. With no witnesses it cannot be proven. Plus, added in to the fact that constructive dismissal is incredibly hard to win (the stats are really low, around 3% of cases win I think). Finally, the OP clearly suffers from stress - speaking as one who has been down the ET route I can testify that it is very stressful.

The OP would be better off moving on, learning from this and trying her hardest to get another job.

If sanctioned (as it very likely), do appeal.