Resign or be fired URGENT

Anonymoose77

So I'm working away as normal dealing with my daily tasks and getting things done. I have a "meeting" in my diary In the late afternoon which isn't unusual as I attend a lot of meetings as part of my job role. I go into the meeting with two senior company members and within seconds the alarm bells are ringing. The words "without prejudice conversation" are used and I'm asked if I agree to said conversation. At this point I'm not entirely sure what that means or what's going on but it didn't sound good.

I agree under duress as I still don't know what the conversation is about at this time and I don't know what's going on. There are only the three of us in the room and I have no representation, why would I as all I knew beforehand was that I had a meeting?

Then the bombshell drops. I am told that my performance is not up to scratch and I have done something that has caused financial loss to the company and that they now have grounds to fire me under gross misconduct. Since my job role was changed a few weeks ago it hasn't worked out and I have not followed the instructions of a superior which has lead to client complaints. All of which they say are grounds to dismiss me.

However given my several years of service and hard work they will accept my resignation instead if it's handed in Monday morning at 8am and they will pay me up to the end of the notice period but I will not be required to go into the office. They will also give me a reference which will not mention this situation.

Given the timing I have no chance to seek any advice from the likes of ACAS over the weekend and I feel like I've been backed into a corner. We don't have any savings to fall back on and I can't risk having a bad reference on my record as that would end my career. I don't have anything in writing, no official warnings on file in fact up until the meeting there were no indications at all that anything was amiss.

With an 8am deadline looming I have no idea what to do.

I don't see what option I have other than to tender my resignation

Undervalued

Anonymoose77 wrote: »

So I'm working away as normal dealing with my daily tasks and getting things done. I have a "meeting" in my diary In the late afternoon which isn't unusual as I attend a lot of meetings as part of my job role. I go into the meeting with two senior company members and within seconds the alarm bells are ringing. The words "without prejudice conversation" are used and I'm asked if I agree to said conversation. At this point I'm not entirely sure what that means or what's going on but it didn't sound good.

I agree under duress as I still don't know what the conversation is about at this time and I don't know what's going on. There are only the three of us in the room and I have no representation, why would I as all I knew beforehand was that I had a meeting?

Then the bombshell drops. I am told that my performance is not up to scratch and I have done something that has caused financial loss to the company and that they now have grounds to fire me under gross misconduct. Since my job role was changed a few weeks ago it hasn't worked out and I have not followed the instructions of a superior which has lead to client complaints. All of which they say are grounds to dismiss me.

However given my several years of service and hard work they will accept my resignation instead if it's handed in Monday morning at 8am and they will pay me up to the end of the notice period but I will not be required to go into the office. They will also give me a reference which will not mention this situation.

Given the timing I have no chance to seek any advice from the likes of ACAS over the weekend and I feel like I've been backed into a corner. We don't have any savings to fall back on and I can't risk having a bad reference on my record as that would end my career. I don't have anything in writing, no official warnings on file in fact up until the meeting there were no indications at all that anything was amiss.

With an 8am deadline looming I have no idea what to do.

I don't see what option I have other than to tender my resignation

If true then they could well be adequate grounds for dismissal.

Any informal settlement, such as they one they are proposing, would not prevent you from claiming unfair dismissal. Only a legally binding settlement agreement, on which you have received independent legal advice before signing, can do that.

However, given that you will be resigning you would have to claim constructive dismissal which is a very difficult claim to win.

Does your house insurance provide a legal advice service? These generally operate 24/7 so would be worth a phone call.

Gavin83

How long have you worked there? How long is your notice period? Do you know what they mean in regards to not following instructions and if so what happened?

Undervalued

Gavin83 wrote: »

How long have you worked there? How long is your notice period? Do you know what they mean in regards to not following instructions and if so what happened?

The OP says "given my several years of service" which I would take to mean more than two.

If, as the employer claims, it is a case of gross misconduct then there is no entitlement to notice. So any period of notice / garden leave they pay is an improvement on that, assuming of course they have valid grounds to dismiss for GM.

JReacher1

I would negotiate a better exit deal. They seem reluctant to fire you for gross misconduct so they may pay you more for a smooth exit.

If you’re on one month notice ask for three months. If you’re on three months notice ask for six months.

Gavin83

Undervalued wrote: »

The OP says "given my several years of service" which I would take to mean more than two.

I wasn't asking for that reason, although it could still be relevant anyway as someone could potentially have worked there 21 months and say several years, rounding up. Several isn't a number.

In the OPs situation my length of service might make a difference to how I'd react, depending on the other answers. To be honest the last question is the most important. If they have done something that could constitute GM then I'd bite their hand off for that deal.

Undervalued

JReacher1 wrote: »

I would negotiate a better exit deal. They seem reluctant to fire you for gross misconduct so they may pay you more for a smooth exit.

If you’re on one month notice ask for three months. If you’re on three months notice ask for six months.

It is a difficult judgement call. The OP could indeed do as you suggest and end up with some extra money.

Or it could backfire and they be dismissed on the spot for gross misconduct and leave with nothing.

The OP puts a high priority on a decent reference. It is important to remember that only a proper settlement agreement could guarantee that. With an informal settlement they have to rely on the employer's assurance that they will provide one.

If it backfires and they are dismissed, even if they eventually win at an employment tribunal, there is no power to order the employer to provide a reference. In any case that would be many months down the line.

Only the OP knows their employer, we certainly don't!

Sea_Shell

Lots of information here...

https://www.lawdonut.co.uk/business/employment-law/discipline-and-grievance/gross-misconduct-faqs#GrM2

Undervalued

Gavin83 wrote: »

I wasn't asking for that reason, although it could still be relevant anyway as someone could potentially have worked there 21 months and say several years, rounding up. Several isn't a number.

In the OPs situation my length of service might make a difference to how I'd react, depending on the other answers. To be honest the last question is the most important. If they have done something that could constitute GM then I'd bite their hand off for that deal.

Indeed. It is generally taken to be greater than "a couple" (which is by definition two) but I agree it is a frequently misused figure of speech.

I agree with your 2nd paragraph, particularly as the OP puts a high priority on a decent reference.

moneyistooshorttomention

Not forgetting the fact that any potential future employer could make a phonecall (off the record) to OP's firm and bang goes any decent written reference they've been given - as the firm gives a more exact (according to them) version of what happened.

Undervalued

moneyistooshorttomention wrote: »

Not forgetting the fact that any potential future employer could make a phonecall (off the record) to OP's firm and bang goes any decent written reference they've been given - as the firm gives a more exact (according to them) version of what happened.

That of course can still happen even if there is a formal settlement agreement in place with all the usual protective wording. It is very hard to police.