Forced to resign

Carlitobaby

Free Member
Nov 28, 2012
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Hi there,

I'm hoping someone here can give me some advice, as I really don't know what to do.

In the 1st week of November I was called into a meeting with my departments director and a manager (but not my line manager). I actually missed the time of the meeting as it clashed with another meeting (I was out of the building) and hadn't actually noticed it- i think it was added maybe the day beforehand at most. I had no idea what the meeting was about, went in and was told it "was a very serious matter" about my performance. they then told me that I hadn't been performing well enough, my productivity was too low and that some of my work wasn't up to standard and that I had the choice of either being fired or to resign. At this stage I was pretty much in shock- I had no prior warning. (the worst thing about this is that I sit in between these 2 people- 1 to my right and the other behind me.). I asked why I hadn't been warned and was told "that's not our management style". I was told if I was resigning they needed to know in the next 2 days.
I then spoke to HR (4:15pm, the same day). They seemed pretty shocked at the state I was in when I arrived and told me "no one should end up at this stage and be so shocked". They told me that there was nothing bad in my file and that they would give me a good reference. Since then they have also offered to send my CV out to other places in the same field that they and the CEO have connections.

I was given the Wednesday off to think about things and let it sink in, then on Thursday I had another meeting with HR again. HR tried to see if there was any way we could work around the situation (A probationary period for example), and set up a meeting with me and the department Director. In this meeting I was told my attitude was bad and that I didn't seem to enjoy work as much as the stuff I did outside of work ( it's in the same field and I it do for fun. This is a bit like complaining that someone enjoys football more than their work). After a few hours of back and forth, the decided it was unfeasible as it would be "a horrible situation for [me]" and I would need to be "micromanaged". I have had pretty much no management for the past year- My line manager is only part time and in my monthly meetings with her I was NEVER told my work was unacceptable. I was praised for the good things I had done and I think was once told to focus on another area now (Can't remember exactly- it was a good few months ago).

As I said, I was never given any verbal warnings or written warnings about my work not being up to par. I was allowed to tour the country over the summer, representing my work and I was also sent abroad on a different project, only returning 2 weeks before this happened.

i handed in my resignation on 9th November (my last day being 7th December, 1 year, 2.5 weeks after I started), after discussing with HR and the Director, who both told me it would look better for me if I did that. they also both told me that I shouldn't bad mouth the company or stir things up as I work in a small industry and if I did that it could affect my future job prospects.

They didn't follow any of their own procedures in doing this, according to their staff handbook.

I've now discovered I probably can't claim job seekers allowance because I resigned.

I really can't believe this is happening to me. I feel completely lost and so any advice would be gratefully received.

Thanks in advance,

C.
 

Carlitobaby

Free Member
Nov 28, 2012
3
0
It goes against their own dismissal procedure- I was out of my 3month probationary period and I have now worked there longer than a year. (According to the info I've been given, it's the last day you work rather than the day you hand in resignation/ get fired).

Although, if this s wrong I'd like to know!
 
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Paul_Rosser

Free Member
Jul 5, 2012
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London and Essex
Looks like it from reading this site - http://www.adviceguide.org.uk/engla....htm#Step_one_who_cannot_claim_unfair_dismiss

"Normally, if you resign, you bring the employment contract to end and so you have not been dismissed. However, there are circumstances where, although you have resigned, you will still be treated as being dismissed. This could be:-
  • if you resigned under pressure from your employer
"

However the 1 year rule may be an issue as may be the fact that due to the short length of service if you do take them to a tribunal you may not get a lot.
 
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Cylon

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Jul 5, 2012
415
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Does that mean I have the option of claiming unfair dismissal now?
Yes as your resignation could be considered unfair or constructive dissmissal if your employer has performed a breach of contract and from your first post I would hazard a guess you have been victim to a whopper let alone some form of corporate bullying as well.

I'm possibly jumping the gun a bit but what you will have to work out is can you represent yourself on this in a tribunal as the costs of legal assistance could outweigh what your receive although there appears to be such a lack of fair treatment in your case that even though its rare theres a possibilty of a cost award.

There are members of this forum with better knowledge than me who can advise further but I would be interested to hear if any of them feel your treatment has been so bad (based on your first post) that a cost award is a possibility.
 
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Newchodge

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    First of all, can you confirm the date you started to work for them.

    On the information that you have given you can certainly make a claim for unfair dismissal, but don't do anything until you have passed the one year anniversary of your start date. They could still dismiss you now and get away with it if you have less than a year's service.

    If you win an unfair dismissal claim compensation would be based on your future losses, not just the amount of time you have been with them.

    You can still try to claim JSA, which you are more likely to get if you can demonstrate that you were forced to resign.

    If you want to PM me, we could chat through your options.
     
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    Newchodge

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    There are members of this forum with better knowledge than me who can advise further but I would be interested to hear if any of them feel your treatment has been so bad (based on your first post) that a cost award is a possibility.

    Costs are normally only awarded if the behaviour in the tribunal is so bad as to warrant it. This is just normal appalling employer behaviour, so costs are not going to be available.
     
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