Resign or be fired.....

TOPNIPPY

Free Member
Dec 5, 2008
15
1
Hi all,

I'm hoping that people will be so kind as to try and shed some light on my situation.

I have been working for a small company (2 employees) for the last 8 months. At the end of July, I had an apprisal in which my boss stated he was happy with my work, however we agreed that a goal should be to try to increase the overall quality of my work - i.e. no mistakes - and that if this was met, I would be considered for a pay rise in three months time (end October) - that's a brief background story....

Last week I came down with the flu, ended up leaving ill at midday on Friday, and had still not recovered by Monday, so took the day off sick - after having called in as per procedure. Got an email late Monday evening asking for me to meet with my boss in the local coffee shop at 8.30.

Tuesday - met my boss, who presented me with my internet history for the past week, showing that I had visited personal websites, during working hours sparodically over the last week. He noted that some of the websites he didn't mind (i.e. personal email, banking etc), however he was annoyed that I had visited a domain registration website and so was evidently pursuing my own business interests during working hours .... fair enough (I didn't get a chance to argue that the accumulated time spend on these sites per day was well under an hour - and that I rarely took my hours lunchbreak due to being so busy). He then proceeded to state that I had lost his trust, and that I could either resign, or go through the "messy process" of being fired, and presented me with a pre-written resignation letter to sign.

I signed the letter, handed in my keys, and agreed to his offer of a month's paid notice, where I would not have to attend work.

Whilst I understand his anger, and my wrongdoing - I have since realised that i've been done over - in the sense that I have never had any sort of warning for any behaviour, and have put my full effort into my job (excluding my lapse in the last week). I thought at the time, a good reference and a months pay would be fine - but now that i've had my eyes opened, on principal, I feel that I have been shafted (i.e. if I hadn't resigned, there would definitely be no immediate reason to be able to fire me), and want to know if I have any chance of securing a better deal?

I am going to the office this afternoon to collect my belongings, and say goodbye to my colleagues, and want to know if I have any chance of negotiating a better exit package (i.e. maybe a couple more months of pay), or rather what the best stance would be for me to take, to negotiate something different - now that I've signed the resignation letter. Would withdrawing my resignation be possible? Is there any legal position I could take that would encourage him to want to increase my exit package? Or have I screwed any chance of that by signing the letter?

I appreciate that a lot of people here will be speaking from the perspective of the employer, and not my position of the employee - but any advice, observations, comments would be very much appreciated. I'm not looking to do anything malicious by way of revenge, however in the 'current climate', I've realised a larger financial buffer would be very beneficial whilst seeking work.

Many thanks for reading,

G
 
O

Officebird

I don't know about the legal side of things but he can prove you have resigned and also that you had been told your work wasn't up to scratch. All you have is your word that the meeting in the cafe and the pre written resignation letter actually happened. I think your time to negociate has passed.

sorry:(
 
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Mister B

Free Member
Aug 31, 2007
2,658
639
I'm afraid that I agree with OWG, you've done well to get the months notice without having to go back into work.

Will he give you a good reference though? You could try and kick up a stink and go quietly on the understanding that you get an okay reference.

Mister B
 
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harvey25

Free Member
May 16, 2008
54
3
West Midlands
This does sound unfair, however I don't think you can do much now you have signed the letter. I think I am correct in saying this that until you have been employed for 12 months you can pretty much be sacked for anything (I don't think you have any rights to an employment tribunal until you have been employed for 12 months unless it is sexual, racist or disability discrimmination). I am not a lawyer though so don't quote me.

Did you have a contract, usually they include some form if IT policy which states that using the internet for personal use is unacceptable and may be treated as gross misconduct.

To be honest, I would have felt pretty annoyed if I had been paying you to set up websites for your own business. But I would have spoken to you about it and not forced you to resign!
 
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cjd

Business Member
  • Nov 23, 2005
    16,002
    3,436
    www.voipfone.co.uk
    The lawyers will tell you that you probably have a case for constructive dismissal.

    Additionally, unless you had been warned in advance that your internet useage was being monitored they're on a sticky wicket with that too.

    However, it sounds to me like you know you've been doing something that you shouldn't have been otherwise why on earth would you choose to resign rather than be fired? That was crazy.
     
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    He then proceeded to state that I had lost his trust, and that I could either resign, or go through the "messy process" of being fired, and presented me with a pre-written resignation letter to sign.

    I signed the letter, handed in my keys, and agreed to his offer of a month's paid notice, where I would not have to attend work.

    Whilst I understand his anger, and my wrongdoing - I have since realised that i've been done over - in the sense that I have never had any sort of warning for any behaviour, and have put my full effort into my job (excluding my lapse in the last week).

    You can withdraw your notice of resignation at any time before the resignation takes effect. Of course, your employer doesn't have to act on that, as accepting the withdrawal will be at their sole discretion, and I would suspect the employer would (understandably but foolishly) be unlikely to agree in this case.

    You mention that you haven't had any sort of warning for any behaviour. The employer gave you the option of going through the "messy process" of disciplinary procedures, where any warnings, if appropriate, would arise. No reason to give you a warning before dismissal though, if you've breached the covenant of trust, so no benefit in going through this - except for the employer, who could potentially summarily dismiss you in less than half the time they're paying you for, hence saving themselves money.

    I would recommend you tell the employer you want to withdraw your resignation; you tell the employer it would be in their best interest for them to accept the withdrawal of your resignation; and you tell your employer to discuss a cheaper dismissal with Employment Law Clinic. At least this way you won't be availed of a good reference, and future employers can be wary of your conduct.


    Karl Limpert
     
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    If your contract allows for a month's notice then he is abiding by that, however if not he only has to pay you a week and any holiday pay outstanding. With length of service under 12 months unless there is a discriminatory aspect to your dismissal, which does not appear to be the case here at all, then he is in his rights to dismiss you on the grounds he has stated. Following procedure is best practice before 12 months service but there is no stand alone right to take this matter before a tribunal on its lack before 12 months service.

    If it were a case of employment over 12 months then matters would be different and he would have to deal with the full process or face a potential tribunal claim.

    No employer HAS to provide a reference but any they do has to be factual. I suspect if you push for more you will get him taking advice from a HR professional and could end up with less than a month's notice.
     
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    TOPNIPPY

    Free Member
    Dec 5, 2008
    15
    1
    Thanks for your replies. He has agreed to give me a good reference - which I'm grateful for - think I'll see if I can get this formalised just in case he changes his mind for any reason.

    I admit I shouldn't have been researching my own thing during his time, which is why I signed so quickly. Otherwise, I'd put it down to inexperience and naivety - I'm learning lessons all over the place!

    Employment Law Clinic - thanks for the touch of sarcasm, I'll be sure not to do that.

    I had been feeling that the situation was satisfactory, however 'friends' have been telling me I'm getting screwed, so wanted to be sure I know the position I'm in. I've accepted with your help that I'm not being screwed over, and taking it as a lesson learnt - time to move on!

    I'll also be taking this as a wake up call that I need to pursue my own business interests, and will ensure that I don't research them during any employment I find to fill the gap!

    Thanks again
     
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