Disciplinary Action vs. Resigning

dandostew

Hi guys

I'm new here and had a good read through the threads but couldn't really find any information on something I'm experiencing at work.

I work for a large company and in November I notified my line manager that I was diagnosed with depression and chronic anxiety and that I may need support in the coming months, but I was on medication and dedicated to getting better.

Things were fine until my sister was diagnosed with bowel cancer and had to have her bowel removed after a bout of chemotherapy. It was a very stressful December/January and unfortunately I made a couple of mistakes at work which resulted in a informal discussion with my line manager. I explained what was happening and that I was finding it really difficult to focus on anything but my family and my condition. She said although she was sorry to hear that, she had to take action, so she placed me on a 'performance improvement plan', for two months. There were to be 2 week reviews and I was advised if I failed then it would be a "different outcome", which I understood to be dismissal.

I worked incredibly hard, but that had a negative effect on my mental health. I was feeling sick, couldn't sleep, always anxious, and that eventually had an effect on my performance. I got to one week from the end of the performance improvement plan when I made two mistakes. It was really frustrating because I'd worked incredibly hard, and my line manager hadn't set any difficult work, but I wasn't offered any support, either.

My GP told me he was worried that if the action at work carried on then he'd need to sign me off work and told me he'd write a letter (if I wanted it). I asked for a letter just confirming my medication and diagnosis, just to back up what I'd been telling my line manager. I handed it to her this week and only a couple of hours later I received a meeting request for the last review.

I knew going in that the couple of mistakes I'd made a week earlier would effect the review decision. My line manager told me I'd failed the improvement plan and that she'd referred me to HR for disciplinary action. She said I had to leave at the end of the day and that I was suspended, but paid, and that I have a hearing next week.

I spoke to HR from then on and they advised me that the outcome to the disciplinary would be either no action, a written warning, or dismissal.

They said because it was performance based and that my line manager had noted she had lost confidence in my ability to carry out my work, that it wasn't looking good. They advised me to resign but offered the following:

2 weeks extra salary, on top of the standard 4 weeks.
Holiday pay.
Good reference.
A referral commission for someone I referred to the company. I wasn't due to be paid this because the person I referred hadn't passed probation yet. I was supposed to receive £750 when the referral passed probation (end of May), then another £750 3 months later. However, they've told me they're prepared to pay me the whole £1,500 even without the referral passing probation!

I'm very tempted to take the money and walk, take some time out and concentrate on getting better.

However, I'm confused why they would make such a generous offer when they're so sure I'd get dismissed if I was to go through a disciplinary.

Does any one have any experience or advise on this, please?

Southend1

Are you a union member? You need to contact your rep as a matter of urgency, who will be able to help with this.

Something doesn't sound right to me. Why would they give you a good reference if they think your performance was so bad they want you to leave?

MrUniveristy

1. They can't advise you resign
2. You need to contact a union rep, or contact acas.

Sounds like they have not supported you at all with your illness and this needs to be taken into account. You addressed that you was poorly and took all the relevant steps within your power to do so.

I've been in the same position before working in the banking sector. The best thing to do, is to be signed off work from my experience.

If you need anything, feel free to send me an inbox


Alex

dandostew

Thanks guys, sadly I'm not a union member.

I'll gladly leave with the money and go somewhere else, after all it would be difficult and awkward if I were to return but I don't like to feel like I've not stood up for myself or been taken advantage of!

Ideally, I'd like to take the cash and leave but also air my concerns! Is that even possible?!

MrUniveristy

If you are going to leave and take the cash, and a good reference, probably best to keep your concerns to yourself,

good luck!

Southend1

If you are going to resign then make sure you get a written agreement about what they will say about you in any reference. Also make sure you have the cash in your bank or at least a promise of it in writing before you resign.

Please do consider joining a union in your next job, it always amazes me the number of people who come on here with problems like this where they could have accessed support, legal advice and representation via their union if only they had joined! Think of it as an essential insurance policy.

dandostew

Thanks, I definitely will look for that at my next job!

HR sent me an email today outlining what I'll be paid if I resign, so I have confirmation of that. Good shout on the reference though - I'll ask for that tomorrow before I resign on Monday

ohreally

Be prepared for your employer to formalise your exit in a settlement agreement.

In a survey, the CIPD found, " The major reasons for using the compromise agreement (other than to settle an existing claim) are to remove an employee on the grounds of poor performance or misconduct (38.95)".

Make sure any agreement suits you as this would be binding, being mindful your mental health situation may be a protected characteristic.
https://www.gov.uk/when-mental-health-condition-becomes-disability

dancingfairy

It may be worth consulting a solicitor to check things over for you and make sure it's o.k. I don't know whether your employer would pay for that as I think they do in some situations (if if they want you to go without causing any grief/bringing any claims)?
df

MrUniveristy

Seek legal assistance through your B&C?

dandostew

Sorry, what's a B&C?

They haven't mentioned anything about a settlement agreement. Would I need to consult with a solicitor if they ask me to sign one?

They've even offered for me to hand in my notice by email, it's like they're really trying to make it as easy as possible for me to resign!