Do I resign or be terminated? Please Help !

Richddd

Hello, I am currently employed for 2+ years as a manager. I have a meeting next week and I am sure I will have my employment terminated. My contract states 3 month notice, and states they can terminate immediately due to gross misconduct etc, which is normal. But it also states they can terminate with immediate effect due to poor performance. Performance is based on targets, but I was never really given one, and in general it has been ok. So I could argue this, but I am sure this will be their position, and they will refuse to pay me. My contract also states I can resign with 3 months notice. I am prepared to leave, but do I wait to be fired and then contest the performance/legality of them firing me, or just resign beforehand and they have to pay notice? Thanks !

Crazy_Jamie

The implication from your post is that you believe you are going to be dismissed for poor performance. What exactly makes you think this? Have you been given previous warnings for poor performance?

yvonne13_2

OP what makes you think you've been under performing?

Uncertain

Richddd wrote: »

My contract also states I can resign with 3 months notice. I am prepared to leave, but do I wait to be fired and then contest the performance/legality of them firing me, or just resign beforehand and they have to pay notice? Thanks !

Poor performance does not meet the legal definition of gross misconduct so they would have to pay your notice (or let you work it at their choice) either way.

asdf1982

is this meeting a disciplinary hearing?

irishjohn

If you resign you will make yourself ineligible for benefits - Job Seekers Allowance - you will be made to wait a period of suspension before it is paid. If you are fired and correct notice and payment procedures are not followed you have an excellent case to take legal action on this and if a court or tribunal finds in your favour you have the opportunity to get a writ to recover any award they fail to pay willingly

Richddd

Crazy_Jamie wrote: »

The implication from your post is that you believe you are going to be dismissed for poor performance. What exactly makes you think this? Have you been given previous warnings for poor performance?

Thanks for the responses, it is heartening to know I am not alone...

I am the manager of the business, my management is in Italy. I know the growth/revenue for 2011, and for 2012, we did ok, but I am sure they will use the basis of poor performance as reason to terminate now rather than go through correct procedures and then pay me notice, Otherwise they wouldnt have put this clause in my contract i guess. There were no real clear targets or goals set, mostly verbal, because in theory things were going ok. But we had a client default and refuse to pay significant invoices, this puts the business in poorer shape today, and they see it as an opportunity for change..

I can contest this and fight that poor performance is not correct. However if my contract states I can resign and I am entitled to 3 months notice, why not just do this. I am not concerned about losing my chance for supplementary benefits, I am sure I will find something else soon.

The meeting has been described as a discussion about current situation and future. I know these people well and I know it will be termination. They already stopped some things internally so I know the wheels are in motion..

Appreciate the thoughts !

agrinnall

If you are certain it's the end of the road then resigning sounds like the better option as you wouldn't have a dismissal on your record. It's possible they might not accept your resignation and insist on dismissal, but as it gets them the same result that would just be spiteful. If you are confident of getting another job quickly perhaps you could negotiate a better reference in return for accepting less notice payment.

lippy1923

irishjohn wrote: »

If you resign you will make yourself ineligible for benefits - Job Seekers Allowance - you will be made to wait a period of suspension before it is paid. If you are fired and correct notice and payment procedures are not followed you have an excellent case to take legal action on this and if a court or tribunal finds in your favour you have the opportunity to get a writ to recover any award they fail to pay willingly

While this advice is useful, it could be argued that if you let yourself get fired, then it won't look very good for future employment. Its a tricky one. Jump or be pushed.

How sure are you that you will be sacked? Most companies address under performances with action plans or improvement plans. Have you been put on any improvement plans yet? As you havn't really been given any specific targets how do you know you are under performing? Do you have anything else to go to or have savings to support temporary unemployment?

Edit- Just read you last post OP. Maybe it's better to jump Good luck

Richddd

Thanks again for the responses. I will call ACAS and CAB, then will get legal advice too, just wanted to get some broader ideas here.

My management will do what they can to pay the least possible. So my contract of employment - like most others - states notice period (thankfully 3 months), and they can terminate immediate for usual reasons, but they added the performance thing, and I can quit with 3 months notice.

So they will be thinking, lets get rid of him, maybe they will go through the process but I doubt it, and will want to say goodbye for no cost to them.

My choice is then, either fight it for wrongful dismissal (definitely nothing like gross misconduct) and negligible about performance, OR I give them my resignation the day before and they owe the 3 months notice.

Main question is - if its in my contract - do they have to pay (or make me work the notice)?

Mudd14

I'm not sure you are correct on resigning and them paying you the notice. If you resign you will have to work the notice unless they agree to let you leave without working in which case there would be no pay. If you resign and have to work the notice they can still dismiss you if they wanted (legally of course). I would wait and see what happens.