Do I resign or be terminated? Please Help !

Caroline_a

Why not stick it out whilst looking for a new job? Surely that will solve your problem without having a sacking on your record, or a gap that might be difficult to explain?

jobbingmusician

OP, are you employed by a British firm, covered by British law, or by an Italian one? If the latter, we (or at least I) can't really comment on the legality of any actions they might take.

Evilm

Can you see if you can negotiate an agreed mutual parting and a reference suitable to that - eg. one that doesn't mention underperforming or being under threat to be fired but only mentions your prior management (as long as it can be worded to be 'good' rather than 'poor')?

Not going to help hugely with the Jobcentre because I'm sure the company won't want to make you redundant.

Richddd

Thanks for the advice and feedback.

I a not too concerned about references, about redundancy or getting jobseekers allowance (all important, but in my situation its less relevant to me)

Critical is - My employer won't want to pay me anything, so will press the non-performance clause in my contract, and so be able to terminate me and pay nothing, OR
- I want to maximise what I get, so do I resign now, before they try to terminate my employment. By resigning I agree to 3 months notice, they won't make me work it (if they do I dont mind) and I know I have salary for 3 months..BUT

Can they continue to press for termination after I resign, on the basis of non-performance, and I am still left with nothing?

Thoughts?

maninthestreet

Richddd wrote: »

Thanks for the advice and feedback.

I a not too concerned about references, about redundancy or getting jobseekers allowance (all important, but in my situation its less relevant to me)

Critical is - My employer won't want to pay me anything, so will press the non-performance clause in my contract, and so be able to terminate me and pay nothing, OR
- I want to maximise what I get, so do I resign now, before they try to terminate my employment. By resigning I agree to 3 months notice, they won't make me work it (if they do I dont mind) and I know I have salary for 3 months..BUT

Can they continue to press for termination after I resign, on the basis of non-performance, and I am still left with nothing?

Thoughts?

Until you tell us what laws apply to your contract of employment, it's very difficult to advise you.

Richddd

Hi, sorry, my employment is with a UK company and my contract is under the laws of England.

cheers

MinaMina

Stick it out, and see what happens, don't just resign and walk away, if you did this, your giving them an easy option. A job does not worry for you when they want some one to leave, so why worry for them.

Stick it out to the last day, this way if they do something wrong, then you know you be covered.

Caroline_a

Even if they terminate your employment for performance, they have to give you your 3 month notice. I once had a company who tried to do this, I took them to a tribunal and they were advised (and did) settle out of court in full.

Richddd

Caroline_a wrote: »

Even if they terminate your employment for performance, they have to give you your 3 month notice. I once had a company who tried to do this, I took them to a tribunal and they were advised (and did) settle out of court in full.

Thanks Caroline, it gives me comfort !

However, did you have anything in your contract (as I do) which says they can terminate immediately due to poor performance (based on quotas/budget) ??

Is my fight going to be about performance, or, is it about legality of termination without following proper process, etc..

Caroline_a

No, but they tried to sack me for gross misconduct and said that not running a fire drill in 12 months (I'd been there 9 months) was the reason. The barrister laughed at them apparently according to the chap from ACAS.... I think a 3 month notice period is a 3 month notice period, otherwise it's redundance or sacking, and if the latter has to be done the correct way.