Hand in notice or wait to be fired?

ohreally

I missed...

At that my partner handed her notice in on the spot

All bets are off at this point, perhaps wait and see what develops over the following days. I'd be surprised if they want her around for 6 months and beyond that I don't know the employers culture when it comes to dealing with such events.

SuzieSue

LondonCouple wrote: »

What happens if they offer her three months pay to leave now but she is happy to work the six months of her notice?

To loose her job and have just three months to find a new job is a nightmare.

If her contract says that she has to give 6 months' notice, then she is entitled to work her 6 months notice if she wants to unless they want her to go on "garden leave" for the 6 months.

sangie595

ohreally wrote: »

I missed...


All bets are off at this point, perhaps wait and see what develops over the following days. I'd be surprised if they want her around for 6 months and beyond that I don't know the employers culture when it comes to dealing with such events.

I didn't (not a criticism, just a fact), which is why I said she should resign. Having already done so, she doesn't get the right to take it back, and taking it back doesn't improve her position anyway, even if they let her.

OP, I am also confused... I understood that the question was "resign or not", but later indications appear to amend that to "resign and get six months pay, or not resign". If she wants out of this then she resigns and has to let go of the notice pay. Or she waits until they dismiss her. A dismissal looks far worse. Her claim to any moral high ground is based on the fact that she recognises the mismatch and resigns in the best interests of both parties. If she hangs on for dismissal, then she cannot tell potential employers that she took the moral high ground - she has to tell them that she was dismissed, and they will find out why. Or she becomes what they want so that they have no grounds to dismiss But you cannot have everything. In law they have not done anything wrong. It was a poor judgement on both their parts, it hasn't worked out, and the only question now is how to extricate themselves from the situation.

SuzieSue

sangie595 wrote: »

If she wants out of this then she resigns and has to let go of the notice pay

Why does she have to let go of her notice pay? If her contract says that she has to give 6 months' notice then surely she is entitled to give that?

sangie595

SuzieSue wrote: »

Why does she have to let go of her notice pay? If her contract says that she has to give 6 months' notice then surely she is entitled to give that?

Because the employer had already said that they are beginning the process of dismissal! She can give six months notice yes, and that process will still happen and the employer can truthfully reveal it in references. If she wants out, she needs to get out. Now. So if she gets something, that's a bonus. If she doesn't then that is life. or she can give six months notice, work it,b and have the capability process take place. It probably won't take six months to complete it, and she'll be on the official record as a failing employee. Her choice.

SuzieSue

sangie595 wrote: »

Because the employer had already said that they are beginning the process of dismissal! She can give six months notice yes, and that process will still happen and the employer can truthfully reveal it in references. If she wants out, she needs to get out. Now. So if she gets something, that's a bonus. If she doesn't then that is life. or she can give six months notice, work it,b and have the capability process take place. It probably won't take six months to complete it, and she'll be on the official record as a failing employee. Her choice.

Well, if it was me and I thought that I had been made a scape goat, I wold , I would let them go through their dismissal procedure and then take them to a tribunal if they don't do it fairly.

sangie595

SuzieSue wrote: »

Well, if it was me and I thought that I had been made a scape goat, I wold , I would let them go through their dismissal procedure and then take them to a tribunal if they don't do it fairly.

But regardless of the rights and wrongs of the recruitment of the OP, the poster has already said that she IS failing at things they want, and that she can't or won't do them! A tribunal doesn't care whether she was recruited on the right basis. They only care about whether the employer is right about her not being able to do the job that they pay her to do. And she's said she can't! So if it was you then you would be wasting your money on a tribunal that you couldn't win! And at the same time you would be destroying your reputation in a very public way, in what it clearly a niche employment. People do not routinely get six months notice periods. So what she does is scarce, or at a very high level, or both. And that will make it very competitive. The few who can do it will be in short supply. After a stable period of employment, she has gone from that to a job that she says she couldn't do, so she resigned, to another job that it appears she cannot do and which she is going to be dismissed from. How do you think this is going to look on her applications?

There is a big salvage operation to be done here, and the long term is more important than some short term gain. Yes, she could sit it out and let them dismiss. She'll get six months wages. It could be the last wages she'll see for a very long time.

robin_banks

Hand in notice, see if you can come to some settlement re the notice period.

LondonCouple

The company are putting things in writing but essentially they have both agreed to part ways amicably. She'll hand in her resignation and they'll accept the paid six months notice on the basis that a month of that is a hand over. After that she's free to leave. Still to be confirmed in writing but seemingly common sense had prevailed.

Thanks for the valued input... Really appreciated and helped us a lot.

Undervalued

LondonCouple wrote: »

The company are putting things in writing but essentially they have both agreed to part ways amicably. She'll hand in her resignation and they'll accept the paid six months notice on the basis that a month of that is a hand over. After that she's free to leave. Still to be confirmed in writing but seemingly common sense had prevailed.

Thanks for the valued input... Really appreciated and helped us a lot.

If that means, in effect, either five months "garden leave" or five months pay in lieu of notice then that is probably the best outcome under the circumstances.

Obviously she will need to read what they are offering very carefully.