Help! Difficult situation

LittleVoice

garybarlowforpresident wrote: »

The DM will look at the facts of the situation - as the OP has been given the choice of dismissal or resignation, the outcome (in terms of JSA entitlement) will be the same whichever option they take. Resignation does not automatically mean a sanction, especially in this situation.

And the evidence provided to a Decision Maker for that choice being what exactly?

Sambucus_Nigra

Uncertain wrote: »

No it is not irrelevant.

The OP cannot claim UNFAIR dismissal but if the firm fail to follow any contractual procedures the the OP may be able to claim WRONGFUL dismissal.

OK, the payout won't be huge. As you have pointed out they could have dismissed without reason but the normal award would be full salary for however long it would have taken to have followed the procedures correctly.

It is irrelevant as the employer has not yet dismissed anyone. Presumably, once they have decided whether the OP is going to be dismissed [if they do not resign] then they will follow their procedure to do so. I imagine there is no proof that can be shown that the OP has been told they have a choice...as it was probably not done by email.

the OP's contract reads "Initially there will be a 3-month probationary period. Throughout your probationary period you should review your progress frequently with your line manager and agree the level of completion of any objectives as appropriate. Your continued employment is subject to the completion of a satisfactory probationary period." So hence, it follows that they have been given a choice to resign or 'it's likely that they will be fired'. That certainly looks like a procedure to me...as the probationary period has not been satisfactory.

As the employer has not yet fired them; we cannot say whether they have followed their own procedures or not.

sammyjammy

For JSA purposes the OP has left/been dismissed as he failed his probation period. This is very likely to be accepted as a valid reason for leaving the job. Even if OP lets employer dismiss him as long as the reasoning around this is failed probation period I don't see a future problem. Would you want a reference from an employer that failed your probation? I'm not sure they would have much good to say that the OP would want future employers to see.

eamon

I'm with SN on this one. The OP due to length of service has few employment rights bar those specifically mentioned in the Equality Act. Probationary periods, training plans, mentoring etc are nice ideas in principle but offer little in the way of employment protection.
Don't resign, make them dismiss you. Its the better option. Any future reference from them will probably be neutral and limited to dates and your role.

colino

They can go right ahead and sack you and suspect have offered you the option of resignation to preserve your cv.
If you are not walking straight into another job, work as normal and let them sack you. That will help with your benefits claim at least. Don't bother with a reference though, all it will state is your period with them and that you were sacked for failing to meet targets after failing probation, twice.

hollow_crown

Thanks for the help with this.

Today I was given my notice (I didn't resign) and don't have to work this week, which is great as I can start instantly searching for a new position.

I just went onto the benefits website, to view about Housing Benefit. I rent an apartment on a 12 month contract and rent is £500 a month. I just read that if..."You’re single and under 25 living in anything other than a bedsit or 1 bedroom shared accommodation" I may not be entitled to it.

I did the benefits estimate and it says I am only entitled to JSA, with £1.77 Council Tax Benefit per week...

Does anyone know if I will be able to get Housing Benefit for the apartment? I am only 6 months into the 12 month contract...

ohreally

Is your landlord a local authority or a private landlord - you may be looking at LHA rather than HB.
http://england.shelter.org.uk/get_advice/housing_benefit_and_local_housing_allowance/local_housing_allowance#2

Visit your local citizen advice and get you benefit entitlement checked.