Been told to resign or get sacked for gross misconduct

getmeouttahere

I currently work for a small company (about 14 people) and I posted on here a week ago because my boss had told me I'd have no job in two weeks time. After some further discussions my boss has given me an ultimatum...resign or be sacked for gross misconduct.

I disagree that I warrant being sacked for gross misconduct for various reasons and having sought advice from a friend of a friend, I think the company are acting unlawfully by giving me this ultimatum.

I'm really concerned about how this is going to affect me. I have a baby on the way (due in April), a mortgage to pay and other bills. However, I'm worried that I may not be able to claim the benefits that I'll need to make sure I can pay my bills while I look for another job.

I'd be very grateful for any advice anyone can offer that will help me to make a decision.

Thanks

emmsie123

Its 13 weeks for either, you will be sanctioned for.
https://www.citizensadvice.org.uk/work/work-comes-to-an-end/dismissal-and-benefits/

sangie595

You may disagree that you warrant being dismissed for gross misconduct - but the implication of your phrasing suggests that there is misconduct. Is that the case? Because if it is the case that there is misconduct, then whether it warrants dismissal is something that can be only arbitrated by an employment tribunal, and whilst they may agree with you, you need to know that they often don't. Your "friend of a friend" is being awfully optimistic if they have indicated anything else.

And I can assure you that if this ever got to a tribunal, there would be no ultimatum. There may have been a conversation in which your boss indicated that there would be no disciplinary action taken if you resigned. They are entitled to make you that offer. In other words, once the law gets involved, facts are subject to interpretation - or reinterpretation.

Without know what is being alleged, it is hard to recommend a course of action, but as a general observation, (a) one way or another your goose is cooked at this company and (b) if there is misconduct involved on your part then you are on sticky ground. On that basis you might want to consider offering the boss a settlement agreement - but be aware that there are costs to the employer involved in this, so they may not be willing to go down that route. The deal is that you resign in return for a good reference. You might get away with asking for a small amount of money as well - but be careful of pushing your luck.

The reality is that this is probably your best outcome. If it isn't achievable then you may as well get sacked for all the difference it will make to benefits. The only good reason to not get sacked is if it helps you in gaining new employment. Because if you are dismissed then you have the possibility of making an employment tribunal claim. But whether you can go there, or whether you are able to go there, is something you would have to decide. Making a claim (usually) costs money; and outcomes are definitely not guaranteed. Meanwhile your former employer is perfectly at liberty to give you no reference, or a reference that says you were dismissed and are making a claim to a tribunal. Neither of those things generally endears you to potential employers.

Darksparkle

Didn't you say in your previous thread that you were going to start your own business?

pmlindyloo

You really need to seek advice about your employment situation to see if being dismissed would be unfair before you make a decision.

It is extremely difficult to give advice about your employment situation without knowing all the details.

From a previous thread it seems that you have been with this company for more than 2 years so if they wish to dismiss you they should be using the correct disciplinary procedure to do so.

If you resign from your job then you will not be paid JSA for at least 13 weeks so it is vital that you make the correct decision regarding this.

if you are dismissed for gross misconduct you will also be sanctioned.

You need advice on this employment issue so if you are not a member of a union then please go to CAB (if you can choose one with an employment specialist this would be preferable) Take your employment contract and any handbook about their disciplinary procedures. Plus any letter they have sent you. Also make a timeline of what has occurred as this speed up things for CAB advice.

No one is going to be able to give you benefit advice until this employment issue is sorted out.

If the employer dismisses for gross misconduct and you can prove that you have been unfairly dismissed and/or are taking further action for unfair dismissal then you may be eligible for JSA and any associated benefits according to income/savings/capital. CAB can also do a benefits check.

Do not dilly dally - get some professional help.

ohreally

Whats the backdrop to the situation.

vlad

Could ACAS give you some guidance?

HappyMJ

You won't always be sanctioned for being forced to resign. Being forced to resign is effectively the same as being sacked. If you can present your side of the story convincingly to the DWP they won't sanction you and you can appeal if they do.

If you are sanctioned you can ask for hardship payments of JSA.

The mortgage payments will have to wait until you get a full time job. Keep the bank informed.

marliepanda

HappyMJ wrote: »

You won't always be sanctioned for being forced to resign. Being forced to resign is effectively the same as being sacked. If you can present your side of the story convincingly to the DWP they won't sanction you and you can appeal if they do.

If you are sanctioned you can ask for hardship payments of JSA.

The mortgage payments will have to wait until you get a full time job. Keep the bank informed.

That's not true if you're being forced to resign because of gross misconduct... It looks better on the cv to have resigned than to have been sacked, but it won't make much difference to the DWP.

HappyMJ

marliepanda wrote: »

That's not true if you're being forced to resign because of gross misconduct... It looks better on the cv to have resigned than to have been sacked, but it won't make much difference to the DWP.

If you're sacked or forced to resign due to gross misconduct then you're hardly likely to put that job on your CV. I'd leave it off.

The DWP can actually be quite understanding. They don't always sanction claimants but it really depends on the reason why the OP resigns. I have resigned before, presented my reasons for resigning to the DWP and not been sanctioned. If the OP presents his/her case well then a sanction won't apply. The OP has said they disagree with the company over the reasons they have given so could say to the DWP that the employer had unreasonable expectations and it was impossible to meet them.

RuthnJasper

Darksparkle wrote: »

Didn't you say in your previous thread that you were going to start your own business?

Yes; here's that post:-

getmeouttahere wrote: »

Thanks for the posts so far.

Came home last night, spoke to my wife and mother in law and I'm now thinking of ploughing myself into a business I recently started as a side-line.

I've gone through the benefits calculator on the entitledto website and got an idea of what I would be able to get as a job seeker, but got a bit confused when i was trying as an employee of my own ltd company (I'm currently not an employee of the ltd company, just a named director and the company isn't making enough to draw a wage).

Am I better signing on jobseekers then discussing with them wanting to start my own business?

Thanks

Maybe the company don't like the OP having his own business?

Wish you all the best for the future, OP.