Given choice of quitting or being dismissed

CALGACUS

Hi All,

Just over a year ago I got an IT job with a very prestigious company. Right from the start I struggled with the work that was required of me - despite working as hard as I have ever done in my life. I actually ended the year losing over two weeks of holidays, because I just didn't feel that I could take them during 2011 due to the pressures of the job.


The company gave me some help in getting to grips with the job, but I feel that there were business systems that were specific to the company that I was expected to know, without ever being given any training in them.

My manager told me last week that he wasn't happy with the rate of my work and that I am going to be dismissed. He suggested that it would be better for me to resign instead.

Of course I realise that if I resign I won't be eligible for Job Seekers Allowance for possibly as long as 26 weeks. However, if I wait to be dismissed, not only will the atmosphere as work be potentially pretty poisonous, but any future potential employer asking my current one for a reference will find out that I'd been dismissed.


Please note that I'm not being dismissed for gross misconduct, bad timekeeping, or anything of that sort, (in fact my manager has told me that I'm obviously trying very hard - which makes my inability to do the job even more frustrating).

I don't know what to do; for example, if I resign rather than being dismissed, can I claim to the Benefits Agency that what I experienced amounts to constructive dismissal?

Any advice anyone can offer will be very gratefully received.

Thanks.

Cal.

mildred1978

CALGACUS wrote: »

Hi All,

Just over a year ago I got an IT job with a very prestigious company. Right from the start I struggled with the work that was required of me - despite working as hard as I have ever done in my life. I actually ended the year losing over two weeks of holidays, because I just didn't feel that I could take them during 2011 due to the pressures of the job.


The company gave me some help in getting to grips with the job, but I feel that there were business systems that were specific to the company that I was expected to know, without ever being given any training in them.

My manager told me last week that he wasn't happy with the rate of my work and that I am going to be dismissed. He suggested that it would be better for me to resign instead.

Of course I realise that if I resign I won't be eligible for Job Seekers Allowance for possibly as long as 26 weeks. However, if I wait to be dismissed, not only will the atmosphere as work be potentially pretty poisonous, but any future potential employer asking my current one for a reference will find out that I'd been dismissed.


Please note that I'm not being dismissed for gross misconduct, bad timekeeping, or anything of that sort, (in fact my manager has told me that I'm obviously trying very hard - which makes my inability to do the job even more frustrating).

I don't know what to do; for example, if I resign rather than being dismissed, can I claim to the Benefits Agency that what I experienced amounts to constructive dismissal?

Any advice anyone can offer will be very gratefully received.

Thanks.

Cal.

Have you already had any warnings about your performance? If not, with over a year's service they can't just dismiss you.

Maestro.

I'd be on the phone to the citizen's advice bureau pretty promptly.

Do you have in writing any records of you stating to your manager that your workload is too high, or that you are struggling? If you do it will work massively in your favour. A boss can't simply fire you because "you're not doing good enough" when you are being overworked, and they haven't made any efforts to help.

Also, regarding the second paragraph, about lack of training and such - welcome to the IT industry!

SailorSam

If you've only worked there for just over a year why would you worry about a potentially bad atmosphere after you've gone ? I think i'd wait to get the sack and face any problems that i may have with future jobs, if you had a decent work record before this one bad firm can be got over. Can you afford to be live without any benefits for the next 6mths if you do leave, even then you'll need to explain to any future employers why you just walked out of your last job.

Googlewhacker

As you are over the magical one year mark they cannot just dismiss you for no reason. They must go through the disciplinary procedure correctly.

Personally I feel that you know your time is done with that company so try and hang on as long as possible whilst looking for another job.

You could always ask for a compromise agreement with an agreed reference to leave (ie a few months wages plus notice plus holiday accrued plus the reference) if you are prepared to play it a bit tough.

EDIT: Just to add, this year working doesn't include any agency time does it?

MrSnuggles

That's expected for an IT job. I was once offered an IT job programming databases and the training was simply you may use our tatty books whenever you like. The employer wants to hire cheap but hire someone with the skills of a fully experienced employee.

paddyrg

Whilst the legality of the move is dodgy - not my area - I'm not sure I'd be in a rush to stick around if the company was making those sounds. Maybe suggest you'll go quietly if they help you find a new role, agreed reference, etc?

Pete111

To those people saying 'they cannot fire you' I think you will find they can.....

....The difference is that the OP may have significantly better grounds for a claim of unfair dismissal if no poor performance process has been followed.

OP if you are prepared to stick it out refuse to resign, get fired then go see a lawyer. If what you write is true then you will have a decent claim for UD. At the very least you should get a lump sum payment and an agreed reference as part of a compromise agreement.

Alternately, you may instead wish to raise this lack of process (I assume there is a company policy re this?) and the 'surprising and demotivating advice to resign' as part of your next chat with your manager whilst casually mentioning that you are taking legal advice . If HR are remotely on the ball they may well premptively offer you a severence package/reference based on 'redundancy' which will hopefully allow you access to JSA, give you some cash and supply a sensible reference.

CALGACUS

Thanks for all the replies.

I believe that the company has followed due process in what they have done. My manager first questioned my lack of improvement in January, and I was given twelve weeks to effect a significant change (from the end of January). This was agreed in a meeting that included an HR representative. After four weeks my progress (or lack thereof) was brought up in a second meeting (again including a member of HR). This was at the end of February. This process has been documented in full by HR, with letters being sent to me keeping me apprased of what's going on. In our latest meeting (just him and me) my manager came out with the "resign or be dismissed" suggestion, saying that he couldn't see me turning things around in the rest of the twelve weeks that I had available, basically I feel the same way - I feel that I've been banging my head against a brick wall for the last year.

Whilst the sensible thing to do from a benefits point of view is to wait to be dismissed, that will mean working out my time at the company with all my workmates likely to know that I'm being pushed instead of jumping, and me facing the prospects of future employers finding out that my employment was terminated due to my inability to do the job satisfactorly. If I hand in my notice this week though, my manager has said that there would be no problem with me being given time off for interviews, or having to work out my notice period should I get a job offer. With the job market the way it is, I don't really want a black mark on my reference from this company.

I've been given some support to try to improve my skills, but not really in areas that have been helpful. But the company could argue that they have tried, and that I haven't shown satisfactory improvement as a result.

If asked by potential future employers why I left I'm sure that I can come up with something - e.g. finding the lengthy commute unsustainable, wanting to find a role with a different technological emphasis, etc.

This whole thing has left me questioning my ability to work in IT, despite having been a programmer for the last fifteen years (eight of those with a single employer, who unfortunately went into receivership). I've only taken about twelve days holiday in the last year, and have spent a lot of my leisure time trying to study to improve my skills. I'm not sure that I have the stomach to get into a fight with my employers.

Does anyone think that I could resign as suggested, and tell the Benefits Agency that I had to, or face the sack - thus significantly reducing my chances of finding another role? Would they consider this to be reasonable grounds for resigning?

Thanks again for the replies - it's helpful to be able to discuss my situation as I've felt pretty much alone up until now.

lmp0507

I'm not sure how it will affect benefits as I've never claimed them, if you have savings or a secondary income to rely on or if you have a partner who could support you until you find another job, it would probably be ideal but I know it's not always possible,

However I know that a lot of job interviews and application forms ask if you'd been dismissed.

Overall it may stop you having money while you job hunt - but it will increase your prospects, so it's worth thinking about it that way.

gibson123

Can you negotiate a compromise with them, say a lengthy notice period of say 3 months, and then start actively looking for another job. If you can negotiate "gardening leave" whilst you are looking this would be the best solution all round. It sounds like you have just been dropped like a square peg into a round hole, start looking for jobs similar to the one you were in for years and lost. Good luck.