Can I be immediately dismissed?

Andrew_Ryan_89

Hi guys, a bit of background. I've been at this new job for a year and never have enjoyed it. Though I performed/performing better than my predecessor, targets have not been met and on Friday I had a frank and cordial discussion with my manager. We work on a quarterly target and judging from January and February's numbers, it is very unlikely we are going to do enough in March to hit target.

I saw this discussion happening some while ago and month before he did send an email saying we are going to have a discussion that may result in me being dismissed. So on Friday he told me that it would be best if I hand in my resignation Friday next week and I have a choice whether I work the notice or get it all paid up front.

I thought it was slightly unfair that I wasn't at least given the rest of March as we both have done a number of new things that should blossom in March. He mentioned the third option if I didn't hand in my resignation was to be called into a disciplinary meeting where I would then be dismissed on the spot.

I was curious whether this can be done? I thought there had to be clear process in regards to being dismissed, mainly around being given formal warnings, written etc. Unless the email he sent me a month ago counts as that

London50

Based on the info you have stated, as you have not been with them for the two year period they are within the legal rights to dismiss.

Torry_Quine

You can be dismissed for any non-discriminatory reason with less than two years employment. As long as you are paid wages, holiday pay, any notice given then its perfectly legal

Masomnia

Sorry OP but yes unless it's discrimination you don't have a case here I'm sorry to say.

If they've offered you the chance to resign and even get paid in lieu of notice (why would you work it????) then I think you should strongly consider it.

Arguably you've still been constructively dismissed, but there's no remedy there other than getting your notice paid which they've offered you anyway.

Don't take it personally and move on to bigger and better things.

Andrew_Ryan_89

Thanks guy, it's nothing personal and I actually like my boss quite a lot. To the answer one of the questions above, the reason I wanted to work my notice was to extend the length of time I've been there as much as possible. It's also a psychological thing. I haven't secured another job yet and I don't want to be technically unemployed whilst looking for another role. Makes it easier in the interviews and looks less like I've been fired if that makes any sense.

Masomnia

Andrew_Ryan_89 wrote: »

Thanks guy, it's nothing personal and I actually like my boss quite a lot. To the answer one of the questions above, the reason I wanted to work my notice was to extend the length of time I've been there as much as possible. It's also a psychological thing. I haven't secured another job yet and I don't want to be technically unemployed whilst looking for another role. Makes it easier in the interviews and looks less like I've been fired if that makes any sense.

On reflection I think you're right about that. It gives you the opportunity to find a job while you're in one, which should be a lot easier!

Good luck.

jobbingmusician

I don't think working your notice makes any difference, does it? (Except that it might affect any holiday pay you are due.) Your leaving date is likely to be exactly the same, so it looks identical to a future employer. This is what you should clarify with your employer.

Undervalued

Andrew_Ryan_89 wrote: »

Hi guys, a bit of background. I've been at this new job for a year and never have enjoyed it. Though I performed/performing better than my predecessor, targets have not been met and on Friday I had a frank and cordial discussion with my manager. We work on a quarterly target and judging from January and February's numbers, it is very unlikely we are going to do enough in March to hit target.

I saw this discussion happening some while ago and month before he did send an email saying we are going to have a discussion that may result in me being dismissed. So on Friday he told me that it would be best if I hand in my resignation Friday next week and I have a choice whether I work the notice or get it all paid up front.

I thought it was slightly unfair that I wasn't at least given the rest of March as we both have done a number of new things that should blossom in March. He mentioned the third option if I didn't hand in my resignation was to be called into a disciplinary meeting where I would then be dismissed on the spot.

I was curious whether this can be done? I thought there had to be clear process in regards to being dismissed, mainly around being given formal warnings, written etc. Unless the email he sent me a month ago counts as that

No, there are no longer statutory procedures, only guidelines. In any case it is a moot point if you have been employed for less than two years you have no redress, except possibly for notice pay.

gettingtheresometime

But if you resign won't your ability to claim benefits be affected?

Torry_Quine

gettingtheresometime wrote: »

But if you resign won't your ability to claim benefits be affected?

There is the likelihood of benefit sanction whether he resigñs or is sacked.

TBagpuss

Don't resign unless you have a job to go to. If they dismiss you beacuase they feel that there s inot envough work then ask them to provide a letter conirming that that is the reason, as that will potentially be helpful to you both in job hunting and if you have to claim benefits. (i.e. they can make it clear that you are redundant - they don't become liable to pay you any redunadncy just bcuase they stick that label on it. I suspect that they may have asked you to resign as they think that if they say you are redundant, it would netitleyou to a payment, but it wouldn't.

Also, if you genuinely thik that the work you've ben doing will start to show a raurn this month you could ask your boss whether they can hold on for another month and review it, but of course they are not under any obligation to do that.