Asked to resign

agnes said:
Sounds like they have nothing serious on you so can't ground a reasonable dismissal. They know this, so they are trying to pamper you out of your job, also known as constructive dismissal...
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Which is why they'll almost certainly go for a compromise agreement in which the OP agrees not to sue them for constructive dismissal...
 
agnes said:
The moment you fight back, they will make your life hell, however. It's clear as day they have nothing on you, or enough to show their reasoning.

In which case, fight it and take them to a tribunal.

ags
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in a big company I would agree, but if there is no HR its likley a small company would be better to try and negotiate a better "leaving package"
 
Aside from obviously feeling a bit weird about working somewhere where you know you're not wanted, I guess a concern is the 'glowing' reference... Presumably if I decline the 'offer', any reference would kill me..?

What's to stop them giving a poor reference despite what they've said?
 
Xan_Molbjerg said:
Aside from obviously feeling a bit weird about working somewhere where you know you're not wanted, I guess a concern is the 'glowing' reference... Presumably if I decline the 'offer', any reference would kill me..?

What's to stop them giving a poor reference despite what they've said?
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A lot of employers are hesitant to give any sort of meaningful reference these days, so most will simply opt for giving the dates that you worked and leaving it at that. They don't want to give a great reference and then get sued by your next employer when you turn out to be a numpty, and they don't want to give a terrible reference and then get sued by you when you can't find a job.

They're more likely to just give no reference at all.
 
Xan_Molbjerg said:
Aside from obviously feeling a bit weird about working somewhere where you know you're not wanted, I guess a concern is the 'glowing' reference... Presumably if I decline the 'offer', any reference would kill me..?

What's to stop them giving a poor reference despite what they've said?
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I doubt they would do that as you can sue them...

they would likley say "its not our police to give a reference but we can confirm that X worked bere between Y and Z dates"
 
I'd fight this, if they were able to get rid of you they would have done it by now.
If you resign and see the project out i would imagine they would wipe their ass with you and not pay you the remaining 2 months.
Jobs are hard to come by these days so fight it out.
 
A friend of my brother is a barrister, he's apparently in court at the moment but can hopefully get some advice out of him later.

So, I just put them off and not write a resignation letter yet? Just say 'uhhh, I'm looking into it' or something?
 
boxman2000 said:
Exactly

I guess it wouldn't hurt to ask a general (anonymous) question to Job Centre or whoever about benefits etc
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If he resigns voluntarily, he won't qualify for JSA, unless he can show that he had no choice and was essentially jumping before he was pushed...
 
Yes, fob them off until you take legal advice.

Don't speak to your brother's friend either (unless he specialises in employment law)

The law is very complex and much in the same way as you wouldn't get a MCSE to admin your linux server you need to make sure you get specialist knowledge.

Most employment solicitors will give a free consultation as well.
 
Xan_Molbjerg said:
A friend of my brother is a barrister, he's apparently in court at the moment but can hopefully get some advice out of him later.

So, I just put them off and not write a resignation letter yet? Just say 'uhhh, I'm looking into it' or something?
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Definitely don't resign yet, your considering their offer. If possible, might an idea to deny that you expressed an intention to resign e.g. say you only said you would consider your position.

I can only re-iterate that it's better to go and get proper legal advice rather than free advice from the friend of a friend.
 
If you have nothing to lose play them at their own game? keep putting off the resignation letter, while being all "oh yeah thats what I meant to do thanks for reminding me I'll have it ready by monday" to their face. (EDIT: Or as above make it a bit more non-commital).

Your gonna be out of there one way or another anyhow, even if you go to an ET and win.

Seems to be more and more common these days for companies to do this to people who don't exactly jump to their tune - coz they know theres loads of people looking for work - starts off all nicey nicey "oh you don't really want to work for us" and then turns to bullying and setting people up for the fall.
 
2 months is a poor severance imo, especially if they want you to work during that time. I'd push for contractual notice plus six months severance and a reference, but definitely through a solicitor as the negotiations are far more likely to be taken seriously by the company.

I'd almost certainly go one way or another though, as your life will be miserable and you might well need a reference for your next position.

Xan_Molbjerg - have they not given you a deadline to respond?
 
You're not in an informed position and you should be for this decision as it could greatly affect your future. Please please go seek an employment solicitor.
 
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