Is Walking Out Classed as Gross Misconduct or Official Resignation?

debtslave2024

Hi

I would like some advice - ideally from those who know what they are talking about from personal experience, and/or legal employment law.

I have been in a job for little over a month. Only part time, so did little over 40 hours. Got my first review barely over a week ago, despite hardly being there for any lengthy period:

My review stated

Attendance - GOOD (thought it was actually excellent.)
Time keeping - GOOD (I it actually went above and beyond, and I was often seen at my desk working before the rest made a later appearance.)
Working relationship with others - GOOD
Competency in role - GOOD

There were some comments on speed and accuracy - though with regards to accuracy, I asked today if I had made any recorded mistakes and they could not prove any (and let us face it, I have only been there part time for little over a month.) They also mentioned I had potential with monitoring, and ongoing training - none was given. All I was given, was the imminent termination of employment unless I hit the rapid rate of processing that I was never advised of before.

Anyway, I began to “smell a rat,” even after my over positive review. The manager called me over, on arrival, and shockingly said, if I do not meet a processing speed of 35 seconds per package for the entire duration of the shift, I will only have 4 days of work left! I was utterly shocked, and quite distraught, though kept my cool. I walked out, but have not handed in resignation.

Is this classed as gross misconduct, or official resignation? Personally, I think after my review only 8 days ago, it is a disgrace, and I want to explore legal avenues. I am sick of employers in the UK treating people like instantly expendable dirt, yet at same time moaning “we just cannot get the people to work for us.”


Thanks.

gwynlas

You have no legal avenues to pursue as you have been in  the job less than two years.

You appear to have terminated your employment by walking out therefor you resigned without putting anything in writing.

debtslave2024

@gylnlas How can I can have a written assessment from only 8 days ago, that overall assessed me favourably on multiple counts, to being told I probably only have 4 days of work left this morning? Surely with an employment contract I have some sort of basic employment rights? Or is my employment contract, as worthy as a piece of toilet paper (as I suspect it is from experience.)

Ayr_Rage

"There were some comments on speed and accuracy"

Which was followed up by you being advised of what was required to keep your position, I cannot see how you "smelt a rat" unless you are being asked to outperform incumbent staff.

As you have abandoned your workplace without giving a reason I would say you have effectively resigned by your actions.

I would also say that would be seen as misconduct if you were to go back.

As above, you've been there for less than two years so there is no legal recourse.

Baldytyke88

debtslave2024 said:

@gylnlas and what is your legal background on the matter? Also if you actually have any legal background, how can I can have a written assessment from only 8 days ago, that overall assessed me favourably on multiple counts, to being told I probably only have 4 days of work left this morning? 

Say, I was genuinely unwell, and left the building after speaking to manager, is that “terminating my employment.”?

AI = "When it might be considered Gross Misconduct:
    No clear intent to resign:
    If the employee walks out after a stressful event but doesn't state they are quitting, it's not a resignation and should be treated as a disciplinary matter. 

Unauthorised Absence:
Walking out is a form of unauthorised absence, and this can be considered serious or gross misconduct, potentially leading to dismissal without notice. 
Insubordination:
A walkout can be seen as serious insubordination, where an employee refuses to follow a directive or challenges authority, which is a form of gross misconduct. 

When it might be considered a Resignation: 
    Clear Statement of Resignation:
    If the employee explicitly states they are resigning and does not intend to return to work.
    Handing in Equipment:
    If the employee returns work equipment (like a laptop or ID card) and states they are not returning, it can be considered an official resignation. 

What to Do If You Walked Out:
    Contact your employer immediately:
    If you walked out in the heat of the moment but didn't intend to resign, contact your employer quickly to state that you did not intend to quit and wish to return to work."

elsien

if you walked out without having any sort of conversation with anyone about not coming back, then I would not call that resignation as such.
However  they’re not going to want you back anyway if you have flounced off. Either way, I would probably consider your employment there at an end - they don’t need a formal disciplinary process for such a short period of time.

What sort of employment rights do you expect to have? You cannot claim unfair dismissal for under two years of service unless it’s related to a protected characteristic. 

fatbelly

It would count as misconduct, not gross misconduct

https://www.acas.org.uk/disciplinary-procedure-step-by-step

The difference would be in determining whether statutory notice applies

As you have worked for between one month and 2 years the period is one week

https://www.acas.org.uk/notice-periods/notice-when-being-dismissed-or-made-redundant

Your contract may give more but cannot give less.

And before you ask, I am an adviser but not an employment specialist

debtslave2024

Anyway bottom line. Employers are treating people like expendable dirt. I will emphasise, overall good review with potential only 8 DAYS ago, to being told today, I probably had only 4 days of work left. Is this fair, decent or right!

To re-iterate, only 8 days ago:

Attendance - GOOD (thought it was actually excellent.)
Time keeping - GOOD (I it actually went above and beyond, and I was often seen at my desk working before the rest made a later appearance.)
Working relationship with others - GOOD
Competency in role - GOOD

I keep reading in the newspapers, millions are dropping out the workforce - I wonder why?

elsien

With regard to your review, yes you may have turned upon time and stayed late, but you acknowledge that there was feedback about your speed and that is the issue that has now been followed up on for you to address. Had you addressed it, then they would have kept you on. 

It’s hard to comment on whether that was realistic or not without knowing what the job entails and whether any training is needed. Or whether it is simply a question of going faster.

debtslave2024

elsien said:

With regard to your review, yes you may have turned upon time and stayed late, but you acknowledge that there was feedback about your speed and that is the issue that has now been followed up on for you to address. Had you addressed it, then they would have kept you on. 

It’s hard to comment on whether that was realistic or not without knowing what the job entails and whether any training is needed. Or whether it is simply a question of going faster.

My review was overwhelmingly positive 8 days ago, and clearly stated I had development potential with monitoring and training - absolutely none was given in the previous 8 days. I got absolutely no extra training or advice, just threatened that I would probably be of out of a job after 4 days! 

Can you imagine needing employment to survive, and in a space of 8 days of review of going from “promising start, to being told at very last minute, if you do not meet our ridiculous target that we never told you of before, you will be unemployed in 4 days! It is just brutal!

So much for my fake work review and potential - I smell a rat! In my humble opinion, something is terribly wrong here - but I am getting used to it.

On top of my multiple good ratings (some should have actually been excellent.) Here is there summary of me, before I was told this morning I probably had only 4 days work left! And I will re-empathise they could provide no evidence on accuracy after prompting this morning!

I actually now fully understand why millions are dropping out of the employment market - there is something simply “not right” going on here.

Over this period, the employee has shown steady progress in their role. While there were some areas requiring improvement, particularly in maintaining speed and accuracy, consistent effort has been made to address these concerns. With support and guidance, the employee has demonstrated a willingness to learn and adapt. Overall, performance is developing, and with continued focus, further improvements are expected.

elsien

That does clearly say that you need to work faster though? 

Yes I agree in your situation I would be very upset but  this isn’t completely out of the blue.