Dismissal or Resign?

LilElvis

What reason are you going to give potential new employers as to why you resigned? What are you going to do if your current employer then supplies a reference stating that you resigned whilst subject to a disciplinary investigation? Resigning doesn't mean that what your current employer alleges you have done didn't happen.

Guerillatoker

Am I too late to ask if they have yet put you on a Performance Improvement Plan?

Without guessing too much about your situation, are you in one of the cold-calling industries, at the very least something related to direct marketing?

isingh1

LilElvis wrote: »

What reason are you going to give potential new employers as to why you resigned? What are you going to do if your current employer then supplies a reference stating that you resigned whilst subject to a disciplinary investigation? Resigning doesn't mean that what your current employer alleges you have done didn't happen.

What what you suggest I do in this situation.

isingh1

Guerillatoker wrote: »

Am I too late to ask if they have yet put you on a Performance Improvement Plan?

Without guessing too much about your situation, are you in one of the cold-calling industries, at the very least something related to direct marketing?

I haven't been put on a Performance Improvement Plan. It's nothing related to direct marketing. I will say that it is an office job.

TELLIT01

As the disciplinary process has gone so far, the employer may not be minded to do the OP a favour by allowing them to resign at this stage and give them a neutral reference.
If the OP can negotiate the above I believe that will be their best option. The unknown is whether or not they will be sanctioned if they try to claim JSA/UC.

LilElvis

isingh1 wrote: »

What what you suggest I do in this situation.

I don't see how any of us could be expected to advise when we have zero information regarding why you are facing a disciplinary for the third time for, apparently, continuing to do something you have received warnings over.

Ja7188

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.

You still seem to be under the impression that you have a viable option of choosing to resign and leave their employment immediately, regardless of whether or not they agree - and based on what you've written above regarding your contract, it sounds very much like you have no such option without breaching your contract which you have stated requires you to give 1 month's notice.

It is an medium sized organisation.

That's good news - they're probably more likely to have stricter HR policies than a small organisation and I suspect you're therefore much more likely to get a reference stating your role, dates and employment and nothing else.

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

It's a shame a certain poster is no longer around (I believe she was banned for telling it like it is rather than fluffing things up) as I'm sure she'd have had a view on this particular point - i.e. what motivation an employer might have for sacking an employee who has already resigned, especially given that the employee has sufficient length of service to claim for unfair dismissal. Surely it's safer for the employer to just process the resignation and leave it there?

Again, I suggest you seek more specialist advice - I have no formal qualifications in the area and my comments are simply suggestions and opinions.

BrassicWoman

isingh1 wrote: »

What what you suggest I do in this situation.

You appear to want others to decide for you.


You've been advised of the risks and pros and cons. There's no magic answer. You need to make up your own mind.

jobbingmusician

You also seem to have missed a key point made in the thread.

Whether or not you are dismissed, any reference is likely to reflect your disciplinary record. This changes the equation a lot - if you actually could get an agreed neutral reference, it covers not only your potential dismissal but also your previous hearings and your final warning. Leaving while on a final warning doesn't achieve anything much. A neutral reference does.

isingh1

jobbingmusician wrote: »

You also seem to have missed a key point made in the thread.

Whether or not you are dismissed, any reference is likely to reflect your disciplinary record. This changes the equation a lot - if you actually could get an agreed neutral reference, it covers not only your potential dismissal but also your previous hearings and your final warning. Leaving while on a final warning doesn't achieve anything much. A neutral reference does.

So would it be best to ask this tomorrow, when I decide to offer my immediate resignation as a result?
Should I be asking them basic reference?