Better to resign or get sacked?

(22 Posts)
Fozziebearmum2be Thu 26-Sep-13 18:05:24

Ignore my post-just realised op has already resigned -doh! shock

Whilst it's not overly ethical but they sound like idiots can you lie and take some sick days if need be. There's nothing they can do about it and they will then pay you afterwards for any outstanding holidays owed.

Fozziebearmum2be Thu 26-Sep-13 18:00:07

So it depends - resignation or dismissal have different ramifications.

Resignation - you're in control you can effectively tell them to shove it which is mentally much better A real positive is that any reference requests will detail that you resigned, having a dismissal on a reference will make it very hard to obtain another role.

Dismissal-so this depends on the situation. As you have such a short length of service you don't have any real employment protection (that starts at 2 years) so there's no benefit to this. But, from a mortgage protection/JSA perspective you may be able to make a claim whereas you won't be able to if resigned.

I'm not 100% sure on the rules around JSA (someone else will know) but check your policy around mortgage protection (if you have one).

In terms of 'can they fire you whilst off sick', yes they can, but if you're off with anything related to a disability then they're on dodgy ground.

Overall, I would say its always better to resign than be dismissed. But, this would be is its relatively easy to get another job and financially whether you could cope without a salary for a while without claiming.

I have to give 8 weeks notice for holidays, I don't know what to do sad I've got the full support of my family, and savings, so I could just leave, but they're already struggling to fill one vacancy so don't want to leave them even more short staffed.

flowery Thu 26-Sep-13 14:33:21

To clarify, "enough notice of a refusal of a specific request" would be as long as the period of holiday being requested. So if someone gives the requisite 4 weeks notice of wanting to take 2 weeks off, as long as they employer refuses the request 2 weeks before the proposed holiday starts, that's fine.

flowery Thu 26-Sep-13 14:30:51

Yes they can. Contracts/holiday policies usually state that holiday requests are subject to approval by line manager or whoever, and of course if it's a busy time of year, or several people are off on that day already, or for whatever other reason, its important employers can refuse individual requests, otherwise it would be chaos!

As long as they make sure every gets the right amount of holiday and physically takes it, and as long as they give enough notice of a refusal of a specific request, then an employer is fine not to let people take whatever days off they want.

ModeratelyObvious Thu 26-Sep-13 14:12:15

Surely they can't routinely stop someone taking single days if they give proper notice though? Unless the contract says holidays must be taken in certain minimum blocks?

flowery Thu 26-Sep-13 13:12:00

"If you give them the notice that your contract specifies re holiday requests, they can't stop you taking odd days."

Yes of course they can. Otherwise everyone could give notice of being on holiday on the same day and they'd have to agree it.

ModeratelyObvious Thu 26-Sep-13 00:07:37

If you give them the notice that your contract specifies re holiday requests, they can't stop you taking odd days.

This is my first proper job, I've only had summer jobs before, then I graduated from university and was searching for a year sad So I don't even know how to go about searching for a new job while I'm still working.

What if I need to go for an interview? They've already said they don't want people taking days off here and there from their holiday allowance - and if I tell them, I think it'll be hell until I either leave or find something else sad

Icelollycraving Wed 25-Sep-13 21:12:30

lolli I feel for you. I'm fortunate that I've had constant employment for a very long time. I took this after being made redundant.
I've never felt out of my depth at work until this. Wish you the very best of luck. It's incredibly stressful.

I'm in the same boat. There's lots of double standards, they've upped my hours from 40 to 42.5 without consultation and I feel backed into a corner and am doing it, even though it means relying on parents for a lift to work. Other members of staff are allowed to come in late as "they can't get a lift in any earlier". I'm often doing the work of two people as another colleague is always doing other things, not the thing that is our primary job, yet if I try and get some of my other tasks done, I get told to start calling people, and I think I'm the only one in the office capable of answering a ringing phone, at times.

I'm getting pressure about my work rate - see above, there's only so much I can do, when I've got no help from the team.

They're recruiting again now, and have said the way the company will go is "if you're not a superstar, you'll be asked to leave." I'm still making a few errors and don't think I'm that good at the job, and I think they'll let me go at the end of the period.

But, I'd need to go back onto JSA, and don't think I can if either situation occurs sad

Icelollycraving Wed 25-Sep-13 18:44:02

Told dh. He is not hugely impressed but being ok.

IrisWildthyme Tue 24-Sep-13 22:40:59

Congratulations on getting yourself out of a bad situation.
You are right it's madness to hide this from your DH though. He is (or should be) your closest ally - you risk your whole relationship being dishonest with him.

ModeratelyObvious Tue 24-Sep-13 22:40:41

Please please tell DH.

Icelollycraving Tue 24-Sep-13 22:21:38

Thank you. The salary was great,I applied for things 20k less today sad We're in the process of buying a new house. Still haven't told him. I'm hoping to find a new job so I can present it all at once. This of course is madness.

HomeEcoGnomist Tue 24-Sep-13 21:55:43

The probation period does work both ways...so if you knew on day one it wasn't for you, I think you have done the right thing in choosing to leave.

I know it's not easy for individuals to make that choice and walk away from a job....but honestly, the number of times people don't do that and decide to stick it out, come what may, forces the company do it. And that's when it gets horrible.

Good luck in finding your next role

duchesse Tue 24-Sep-13 21:50:39

Bloody hell, that sounds horrific. I think you are well out of it. Remember to advise everyone else you come across in your industry about their management style.

Good luck with finding a new job- is it hard to get one in your sector?

Shenanagins Tue 24-Sep-13 21:39:55

Sounds like you are well out of it. I do think from a prospective employers point of view it is better to have resigned as being sacked raises alarm bells.

Icelollycraving Tue 24-Sep-13 21:33:13

Shit. I resigned today,walked into a meeting,had a feeling of absolute sickness & panic & thought it was better to take control.
Haven't told dh. Shit,shit,shit.

Icelollycraving Mon 23-Sep-13 23:04:46

Sorry to hear that. It would be a relief to get the sack in some ways,they make me feel like absolute shit sad
I'm on week 8,I knew on day one it wasn't for me.
There is a major task next week which I suspect they want me to either be gone before or going to do the meeting to intimidate me into performing in a way that is the reverse of how I am known for. They rule by fear (generally) & I've never known anything like it in the industry.

DevaDiva Mon 23-Sep-13 22:55:10

Watching with interest, unfortunately I fear I may be in a similar situation I'm in week 4 and think its make or break time hmm

Icelollycraving Mon 23-Sep-13 22:09:38

I am in probationary period & have been called to a review meeting before the period ends. I know they aren't impressed with my performance,we work in very very different ways.
I suspect they are going to tell me in the meeting that I'm all manner of crap. Is it better to resign or get sacked in probationary period? No job to go to & a lot of financial pressures.
I was off sick (most unlike me). In that time,my email account was deactivated & reinstated when I questioned it. No one has lasted beyond a few weeks. The management style is pretty alien to me in my industry,but the company have form for being hard.
Could they inform me of the meeting when off sick?
I am used to doing a review into the probationary so that people have the chance to improve etc but something isn't sitting right.

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