Asked to resign

Hello again folk. So, minor update - I say update, everything remains the same really.

I didn't hand in my resignation yet, and went for a coffee with a director yesterday morning. It was a 'friendly' chat, I raised concerns... That it seemed a bit wooly, the fact that as last thing was worded I could have to work my 'free' month etc, the fact reference hasn't been decided on and also that as I'm 'voluntarily leaving' I could be illegible for benefits should the worst happen. The guy said, about the DSS stuff, that it's easy for him just to say to them when they contact him that I was made redundant... Which seems cheeky, unlikely, and not like something I'll ever get in writing from him....

Anyway, got a message last night:


"Hi, I can confirm that if you decide you wish to resign and let us have this in writing tomorrow, will pay you to work out your 1 months notice period. During which time you can work on the __and __ projects and complete them if there's time, if not help with the hand over to someone else to finish them.

We will then pay you for an additional 1 month during which time you will not be expected to come into work.

___will provide a favourable reference to any future employer, word your decision to move on in a favourable way and assist you with any other claims you need to make.

It is hoped we can make this as amicable a parting as possible."

So, a timescale eh?
 
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Just spoke with a normal lawyer, who basically said that it would/could get very dirty, complex, and just turn into a general nightmare, that given my current salary (low) isn't really worth it...
 
I'm sorry but the people you work for are completely out of their depth and clueless.

Why would they ask you to resign (which is illegal) but at the same time ask you to work a month to get a project finished.

Tell them you want a compromise agreement, to be made redundant and 6 months pay to keep things "amicable".

As has been mentioned previously they would have sacked you by now if they could. Any steps they take to make your life uncomfortable is just going to land them in bother and you already have emails to prove they're being idiots.

Xandos said:
Just spoke with a normal lawyer, who basically said that it would/could get very dirty, complex, and just turn into a general nightmare, that given my current salary (low) isn't really worth it...
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He means it's it's not worth it for him, not that you don't have a case. A "low" salary is all relative but it's all you have to live on.
 
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Personally I'd take their offer. They don't want you there, and it doesn't really sound like you want to be there. Also for you CV/Reference wise won't it look a lot better with you resigning rather than hanging in there a couple of months and then being fired?

Xandos said:
Hello again folk. So, minor update - I say update, everything remains the same really....
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I'd edit out the company name quicksharp if I were you ;).
 
Westyfield2 said:
Personally I'd take their offer. They don't want you there, and it doesn't really sound like you want to be there. Also for you CV/Reference wise won't it look a lot better with you resigning rather than hanging in there a couple of months and then being fired?
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It might look better, but if the director doesn't stick to his word and fib to the DSS about OP being made redundant, he's up the creek financially.

Also there is a question as to whether or not they can fire him as he would mother love them in the tribunal from the sounds of it.
 
Robbie G said:
It might look better, but if the director doesn't stick to his word and fib to the DSS about OP being made redundant, he's up the creek financially.

Also there is a question as to whether or not they can fire him as he would mother love them in the tribunal from the sounds of it.
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Yeah, that's exactly it... Do we (the collective) know if that fib is even possible? It doesn't like link up to some kind of all-knowing centralised system...?

As to whether they could fire me... I don't really think so, although I know they'd go all out to try if I kicked up a fuss... I wouldn't be surprised to see dishonerable tactics etc.

Anyhow, it is certain they've made a work situation which I can't feasibly tolerate...
 
Xandos said:
Just did, saw that and crapped my pants. Thanks for not quoting :P
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:)

Robbie G said:
Also there is a question as to whether or not they can fire him as he would mother love them in the tribunal from the sounds of it.
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If they want to get rid of someone they'll find a way ;).


Xandos said:
Anyhow, it is certain they've made a work situation which I can't feasibly tolerate...
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You were the one with an attitude problem and talking **** down the pub though...
 
Westyfield2 said:
:)You were the one with an attitude problem and talking **** down the pub though...
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Yes yes, a bit of pub talk, nothing too bad even - should be expected really.

I'm aware of my own culpability, though that culpability is more of a personal thing, than a professional thing. So in 99% of jobs, not something that I could be let go for.

Interesting comment lawyer made was am I autistic (he does know me, by the way). I wouldn't be surprised actually, as I seem to find all this social politics harder than most. Did a stupid on-line test and came out borderline :P...

[edit]Oh, I forgot to mention, I phoned my previous employer, did some freelance 3d stuff for him, and he seemed glad to hear from me, in the process of arranging a meeting next week. When I quit that job 2.5 years ago for the one I'm being forced to leave from, I took a 50% pay cut.. That could explain a little of the overconfidence/attitude.
 
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Xandos said:
Another thinking was, as I'll be looking for a job, in a hard industry, I'm not expecting anything straight away - I guess me 'resigning' would affect benefits and stuff. (blah blah dole scrounger etc).
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You aren't entitled to Jobseekers allowance if you leave a job willingly AFAIK, so resignation might leave you in a difficult position if you can't find another job quickly.
 
Xandos said:
Just spoke with a normal lawyer, who basically said that it would/could get very dirty, complex, and just turn into a general nightmare, that given my current salary (low) isn't really worth it...
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It isn't worth standing up for your basic rights as a worker. That laywer is obviouslly from the bell end scholl of ambulance chasing and just can't be arsed to do a proper days work.

If you fold you are seriously made of fail. Why are you going to resign and then put yourself in a predicament where on paper it looks like you chose to leave when you are actually getting pushed. There is a term for that and its called constructive dismissal which any decent lawyer would run a damn bus through at a tribunal.

http://www.direct.gov.uk/en/Employment/RedundancyAndLeavingYourJob/Dismissal/DG_10026696

read that

then get a decent lawyer who isn;t going to feed you crap simply becasueyou are low waged. low waged employees have rights too you know.
 
wildman said:
It isn't worth standing up for your basic rights as a worker.
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Generally it isn't, no. Far better to settle and move on. It's all well and good if you're talking about a high profile sex discrimination case or something where you stand to make hundreds of thousands or whatever, but when you're looking at a couple of grand it's really not going to be worth the hassle.

The thing is, once you choose to go outside an agreement like this, everything becomes public. If he goes for an unfair or constructive dismissal claim, then there is not only the risk that he will flat out lose, get nothing and get no favourable reference, but also the risk that any future employer will hesitate to employ him because he's made it public knowledge that he is a "trouble maker". It doesn't sound like he's got anything solid on his current employer, so it's not like he can even really defend himself on the grounds of some great injustice being done. They're asking him to leave because they don't like him, from the sound of things, and that's not going to reflect badly on them at all if it becomes public, whereas it would look very bad for him.

I'm not saying that's right or fair, but there are times and places when this is worth it, and for the majority of us it will never be worth it, should the situation arise.
 
Me personally - I'd just resign.

I couldn't be bothered with the hassle of anything else. A month's pay chucked into the deal? Sign me up ..

Who wants to hang around a place where you're not wanted? Must be soul destroying. And as for taking them to Industrial tribunal or something because in their opinion you've failed to do your job .. well then everything just gets nasty .. and honestly, for a grand or two, do you really want to sit in a room as the people who will be writing your reference are forced to explain exactly how awful you actually are at your job?

Just walk away ...
 
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