Dismissal or Resign?

isingh1

elsien wrote: »

You also need to consider references - even if you resign a reference can still say resigned pending disciplinary action.
Wouid they consider you resigning with immediate effect to save them the hassle if they give a reference that just gave the dates worked? They may not go for it - it depends on the issue - but you don't have anything to lose by asking.
Maybe next time learn the lesson on the first disciplinary, not the third.

This is what I'm afraid of. I don't want it to dent my chances of a 'negative' reference. I also have other people that work with me, I could surely add as a reference. Another manager I've worked with but not for?

If they're more than likely to dismiss me anyway, would an immediate resignation not help me my chances in future employment.
Or could I go in with an immediate resignation and negotiate a basic reference perhaps?

Or should would it be better to just hand in my notice period of a month and go to the disciplinary hearing next week Thursday with the chance of being dismissed?

JReacher1

From a benefits point of view it may be easier to claim JSA if you don’t resign.

Energize

By far your best bet is to ask for immediate resignation with an agreed basic reference, you will only be paid up to the date you resign plus any holiday as stated above. They may well agree to it rather than going through the hassle of another disciplinary procedure and having to pay you another months salary.

Resigning immediately without their permission is breach of contract and can give you a bad reference. Resigning while under investigation looks just as bad as being dismissed if not worse.

If you are really tight on money then you may want to drag it out as long as possible and be dismissed with a months PILON/garden leave and then be able to claim Universal credit straight away. Dismissal for performance reasons is not the end of the world, it's not like being dismissed for gross misconduct.

jonnygee2

I am a big believer in looking for mutually beneficial agreements. In this case I agree with the above advice from Energize - speak to them, admit you've messed up, say you are sorry and that you think it would be best if you resigned immediately and agree they keep references civil. It will probably work for them (less fuss, cheaper, no chance of it coming back on them) and it works for you.

It will affect your benefit entitlement, as mentioned, so maybe think twice if that might affect you.

isingh1

Energize wrote: »

By far your best bet is to ask for immediate resignation with an agreed basic reference, you will only be paid up to the date you resign plus any holiday as stated above. They may well agree to it rather than going through the hassle of another disciplinary procedure and having to pay you another months salary.

Resigning immediately without their permission is breach of contract and can give you a bad reference. Resigning while under investigation looks just as bad as being dismissed if not worse.

If you are really tight on money then you may want to drag it out as long as possible and be dismissed with a months PILON/garden leave and then be able to claim Universal credit straight away. Dismissal for performance reasons is not the end of the world, it's not like being dismissed for gross misconduct.

So it is best I talk to my line manager about an immediate resignation and request for a basic reference or to just hand in my letter of immediate resignation or do both?

jonnygee2

So it is best I talk to my line manager about an immediate resignation and request for a basic reference

Yes, this is best.

or to just hand in my letter of immediate resignation

Without their agreement this is a breach of contract. Do not do this.

JReacher1

Personally I think it is a mistake to resign.

If they do dismiss you then as it is not gross misconduct then they will pay your notice period which will be a months pay.

Reference wise I would ask your HR for confirmation but many companies just provide a basic reference of the dates you worked there and job title. If you work for a reasonably sized company then the HR department won’t give details of why you left as once you’ve left they don’t really care what you do with yourself.

isingh1

JReacher1 wrote: »

Personally I think it is a mistake to resign.

If they do dismiss you then as it is not gross misconduct then they will pay your notice period which will be a months pay.

Reference wise I would ask your HR for confirmation but many companies just provide a basic reference of the dates you worked there and job title. If you work for a reasonably sized company then the HR department won’t give details of why you left as once you’ve left they don’t really care what you do with yourself.

I do agree, But it would then look damaging on my CV that I've effectively been sacked, would it not?

Would it not be less harming (I know its still harming) if I left on my own grounds, for whatever reasons. As I'm sure I'll be asked in the interview with my next employer about why I left my previous employer.

isingh1

JReacher1 wrote: »

Reference wise I would ask your HR for confirmation but many companies just provide a basic reference of the dates you worked there and job title. If you work for a reasonably sized company then the HR department won’t give details of why you left as once you’ve left they don’t really care what you do with yourself.

Thanks for your reply.

With regards to the reference, Could I not put down a colleague/manager in a similar position as my line manager that I have worked with successfully? Would this not help me?

My line manager was very vague and was being difficult with me when I did mention this to him that I had received a letter inviting me to a disciplinary hearing that would probably lead to my dismissal.
All he said was that it is down to HR and he cannot have any say in the matter, but what resonated with me are his final words: "You left it too late".

SummerSunshine2

Resigning under investigation will be recorded as that.