Will this still class as a sanction

Goldenretrieversarelife

Hi 

I have been told by my employer that my performance is poor which I agree with and she gave me 2 options either go through a disciplinary procedure or resign. 

I don't want to go through a disciplinary procedure because it will be too much stress and I know I can't improve my performance as I do want to leave and it is for misconduct not anything serious but because I put someone at work at risk by honest mistake and in my contract it clearly states that if I'm dismissed because of misconduct I will loose my notice period and pay so I'm not going option 1. 

I then phoned ACAS and she advised that I could either resign or see if my employer will agree to a settlement agreement to end my employment that way due to my poor performance but she didn't know if it would result in a sanction like resigning would. 

So my question is does anyone know if leaving employment through a settlement agreement would still cause a sanction for the first 91 days of my claim? 

I'm trying to get in contact with citizens advice but not having any luck yet but still trying. 

And I have to give her my decision on Monday so I need to know before then if I can consider a settlement agreement with her or not. 

HillStreetBlues

You need a good reason for leaving, I think jumping before you are pushed will count as a good reason

Goldenretrieversarelife

Just to update citizens advice had no idea if a settlement agreement would still cause a sanction like resigning. 

Goldenretrieversarelife

HillStreetBlues said:

You need a good reason for leaving, I think jumping before you are pushed will count as a good reason

So are you saying if I can do a settlement agreement I wouldn't get sanctioned? 

I know if I resign you do get sanctioned without good reason and I don't have any as I'd be resigning due to me hating the job and that's why my performance is low

HillStreetBlues

Goldenretrieversarelife said:

Hi 

I have been told by my employer that my performance is poor which I agree with and she gave me 2 options either go through a disciplinary procedure or resign. 

Did your employer put it in writing?

Northern_Wanderer

Any mental health reasons for hating the job?

Goldenretrieversarelife

HillStreetBlues said:

Goldenretrieversarelife said:

Hi 

I have been told by my employer that my performance is poor which I agree with and she gave me 2 options either go through a disciplinary procedure or resign. 

Did your employer put it in writing?

She did put it in writing a year ago when I was given my first warning , I did improve after that but my performance dipped again and its because i hate my job

Goldenretrieversarelife

Northern_Wanderer said:

Any mental health reasons for hating the job?

Yes I've not seen my doctor about it because I always feel embarrassed speaking about it and I haven't told my employer at all I just brave everyday and pretend I'm ok when I'm not. 

But I hate the job itself but it has made me feel negative about myself and I'm a lot more low mood even my sister and mum have commented that I'm not myself I  always seem sad or look like I'm fed up with life which isn't me 

400ixl

I take it you haven't been there 2 years?

Best outcome (other than you need to explain your leaving to future employers) is that they agree to just dismiss you without going through the disciplinary and you can claim benefits.

Second best is you just go through the disciplinary and they dismiss you (may be put on a reference but unlikely) and you can claim benefits.

Least optimal is to resign as you still have to explain it to future employers but also will affect your ability to claim benefits I assume. Jumping before being pushed is not a good reason.

You need to make them do the firing, not resign. Only resign if you have another job to walk into.

Goldenretrieversarelife

400ixl said:

I take it you haven't been there 2 years?

Best outcome (other than you need to explain your leaving to future employers) is that they agree to just dismiss you without going through the disciplinary and you can claim benefits.

Second best is you just go through the disciplinary and they dismiss you (may be put on a reference but unlikely) and you can claim benefits.

Least optimal is to resign as you still have to explain it to future employers but also will affect your ability to claim benefits I assume. Jumping before being pushed is not a good reason.

You need to make them do the firing, not resign. Only resign if you have another job to walk into.

I have been here for 2yrs and 8 months so far. 

Goldenretrieversarelife

@400ixl also she said that if I go through the disciplinary it will be on my record but she'll only disclose if I work with kids again.