Dismissal or Resign?

SummerSunshine2

I would contact your company and offer to resign. Say you don’t want them to go through the process and it would be mutually beneficial, which it isn’t but they might take the bait.

Wonder what you’ve done three times and not learnt?

gomer

Maybe refused to come in early?

Ja7188

Maybe refused to come in early?

Or gave their manager "the look" for sniffing?

skint_chick

I think you'd be lucky to get a good reference anyway if you've already had a final warning - if your next potential employer is thorough they will ask about any previous disciplinary issues still on file. If it's a big employer you might get lucky and just get confirmation of dates worked and not a mention of why you left. If it was me I would cut my losses, hand in a letter giving a month's notice and see what they do. It seems unlikely they would want you about the place, but even if they don't then they will still have to pay you a month's notice. At least then you can honestly say you resigned, and say in interviews the job wasn't working and you had time to think about it over xmas....

Then start applying for jobs and if possible do some temping in the meantime to give you other reference options and something for your CV if interviews don't work out.

JReacher1

isingh1 wrote: »

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.

You don’t need to say on your cv that you’ve been sacked.

Ja7188

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

I partially agree - however, I don't think you should ask your manager for an "immediate" resignation and I don't think you need to ask him/ her about a reference.

Your contractual notice period is a month - if the company agrees to let you go straight away, regardless of whether you resign or are sacked, this is surely a breach of contract which they may well not have the appetite for. I would have thought it much more likely that you'll be on garden leave and will remain an employee until the end of January or thereabouts - you can use this time to seek alternative employment.

As far as I can make out, the only reason you want to leave immediately is to avoid potentially being sacked - and if you resign as per the above, and I'm correct in what I think will probably happen next, you'll have left the building by Thursday and so the next meeting will never take place.

You don't mention how long you could last financially without working, but I'm sure you'd prefer to be paid for January. As has been mentioned, you might even receive PILON for January.

Other comments in this thread make me think that the company is quite large - keep me honest if I'm wrong here - so in terms of a reference, I expect that your line manager will have no involvement and that HR will simply issue a standard letter stating your dates of employment, job title and salary. If you know anyone else who has recently left, you could even ask them what form references take.

I guess the only other issue is whether they might offer you some form of paid leaver package, which I suspect you'd lose entitlement to if you resign - do you know whether they as a company have a history of offering anything like this?

Obviously I don't know any of the above for definite - it's all best guess...

After you've left, my recommendation is to sign up with some temp agencies - I did this after I made a wrong career move, found myself in a role I didn't get on with and ended up resigning - you may well need a filler before you find the next permanent role, especially given the time of year and Brexit on the horizon!

Masomnia

If both sides agree to waiving the notice then it is not a breach of contract. It's up to them though, they are well within their rights to enforce the notice period and dismiss you during that period.

As above if you do resign with immediate effect then you will only be paid up to that date + accrued holiday that you haven't taken. At least if you're sacked and it is not gross misconduct they will pay your notice. Not sure what the implications for benefits are if you're sacked.

If you do resign with immediate effect they could potentially put resigned while under investigation on your reference. You need to talk to them about it. Or plead for your job at the hearing.

In your position I'd be job hunting anyway.

isingh1

Ja7188 wrote: »

I partially agree - however, I don't think you should ask your manager for an "immediate" resignation and I don't think you need to ask him/ her about a reference.

Your contractual notice period is a month - if the company agrees to let you go straight away, regardless of whether you resign or are sacked, this is surely a breach of contract which they may well not have the appetite for. I would have thought it much more likely that you'll be on garden leave and will remain an employee until the end of January or thereabouts - you can use this time to seek alternative employment.

This is where I'm kinda stuck, I'm thinking to resign immediately. As I don't want it go on record that I was dismissed.
Although Yes, I'd also be happy to give them a month's notice also, but this is where it could lead to my dismissal. Which I do not want.

Ja7188 wrote: »

As far as I can make out, the only reason you want to leave immediately is to avoid potentially being sacked - and if you resign as per the above, and I'm correct in what I think will probably happen next, you'll have left the building by Thursday and so the next meeting will never take place.

Yes, so if I resign immediately only. I don't want that record of being sacked, as I mentioned.

Ja7188 wrote: »

You don't mention how long you could last financially without working, but I'm sure you'd prefer to be paid for January. As has been mentioned, you might even receive PILON for January.

I could probably last the next 4 months without working if I resign tomorrow.

Ja7188 wrote: »

Other comments in this thread make me think that the company is quite large - keep me honest if I'm wrong here - so in terms of a reference, I expect that your line manager will have no involvement and that HR will simply issue a standard letter stating your dates of employment, job title and salary. If you know anyone else who has recently left, you could even ask them what form references take.

It is an medium sized organisation.

Ja7188 wrote: »

I guess the only other issue is whether they might offer you some form of paid leaver package, which I suspect you'd lose entitlement to if you resign - do you know whether they as a company have a history of offering anything like this?

I have no idea about this.

Ja7188 wrote: »

Obviously I don't know any of the above for definite - it's all best guess...

After you've left, my recommendation is to sign up with some temp agencies - I did this after I made a wrong career move, found myself in a role I didn't get on with and ended up resigning - you may well need a filler before you find the next permanent role, especially given the time of year and Brexit on the horizon!

I've started this already, which I do agree with.

isingh1

Masomnia wrote: »

If both sides agree to waiving the notice then it is not a breach of contract. It's up to them though, they are well within their rights to enforce the notice period and dismiss you during that period.

As above if you do resign with immediate effect then you will only be paid up to that date + accrued holiday that you haven't taken. At least if you're sacked and it is not gross misconduct they will pay your notice. Not sure what the implications for benefits are if you're sacked.

If you do resign with immediate effect they could potentially put resigned while under investigation on your reference. You need to talk to them about it. Or plead for your job at the hearing.

In your position I'd be job hunting anyway.

This is what I want to avoid, I don't want to be sacked. So from everyone's advice, to avoid this, It would be better to just resign immediately, I would think.

I want to avoid going into that hearing to begin with as I'm probably 90% sure that after a final warning, they will dismiss me.

isingh1

I put myself in this position, but its really stressing me out now.

Is it best to resign immediately and avoid being dismissed. Or should I hand in my month's notice and also attend the hearing? Where they will most probably dismiss me anyway.