Dismissal or Resign?

JReacher1

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.

I don’t think any reference is likely to reflect your disciplinary record. I think many employers literally just do a reference that says the dates the employee worked their and the job title.

References in my experience are very inpersonal.

isingh1

Should I ask my line manager to put it in writing that no further disciplinary action will be taken against me?

BrassicWoman

isingh1 wrote: »

Should I ask my line manager to put it in writing that no further disciplinary action will be taken against me?

What's in it for him?

isingh1

BrassicWoman wrote: »

What's in it for him?

If I chose to resign immediately

BrassicWoman

isingh1 wrote: »

If I chose to resign immediately

a) so he saves one meeting; not a huge effort saved
b) company policy may preclude him saying that; mine certainly does. They may find out things after you go - they wouldn't sign away the right to pursue that for nothing.





If you get on ok, go and ask for advice. He'll know the circumstances and give you a better steer than internet randoms (including me)


And get ready for a bit of agency work to get the references shifted on a bit - couple of 3 month temp contracts and you're clear.

elsien

isingh1 wrote: »

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".

Just going back to this point, again it really depends on your organisations policy. In mine, I would write the reference but my line manager would agree and sign it. I could not write a works reference for anyone directly. Plus your colleague may ask why you're going to them instead - I'd not be happy at doing a reference in those circumstances.
Although if they were happy to give a personal reference, that may help as a good second reference.

Masomnia

isingh1 wrote: »

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.

You need to talk to them. Just turning up and handing your notice in with immediate effect won't help because it's a breach of your contract and it doesn't stop them sacking you for misconduct.

In my experience most employers don't want to screw staff over and don't want to ruin their careers. In your position I would go to the manager and say that you know you did wrong, you've messed up and you've learned your lesson, you don't want to face the hearing or have being sacked on your record so will they accept your immediate resignation and you'll just !!!!!! off there and then and save you both the bother and save the company a month's notice.

They might say no in which case just plead your case at the hearing and hope for the best.

You need to decide what is best for you, but they have to agree to an immediate resignation.

Good luck whatever you decide.

Ja7188

Whatever you decide to do, hope it doesn't go too badly.

One point that should be made is that I think you deserve some credit for putting your hands up and admitted that you've screwed up - the majority of posters seem to be of the view that they've done nothing wrong and that any and all issues are the fault of their manager/ colleagues/ HR department etc. etc. and when anyone here points out that they themselves may be at fault, even when the situation is very clearly of their own making, they lash out.

Let us know how it goes...?

gomer

The suspense is killing me...

KiKi

FWIW, I think a good reference and resignation is far better than being paid your notice period, if you can negotiate that.

Without knowing the background, I'd make the following offer:
* To resign immediately without working or being paid your notice period
* In return, end the disciplinary action and get a neutral reference that simply states your job title, dates of work and salary, and no details on why you left

The upside for them isn't just that they don't carry out one meeting - it's the hassle of prepping that meeting with HR, recording it, dismissing you, dealing with that paperwork, and hoping you don't take them to an ET (even if you don't have cause to). I manage a team, and have worked in HR, and I'd far rather a poorly performing employee resigned rather than me having to go through the palaver of a dismissal. Much easier for me to manage.

Many organisations will only give neutral references anyway.

Obviously, it's up to you, only you know what's best for you and whether you're likely to be dismissed, but as you're already on a final warning and have had two disciplinary actions against you already, it's not looking positive.

KiKi