Asked to resign by my boss

[wineonafridaynight]

I was told I was being given a written warning for poor performance. There was no investigation - I was literally called into a room and told that that was the outcome. Apparently customers had complained about me as well and said they didn't want me working for them. I have been shown no proof to this however.

I was told I would receive a letter from HR to this effect. I received this letter which stated I had 5 days to appeal from the date of the letter - the letter was given to me on day 4.

I pulled together an appeal letter and gave it to the MD of our department. Company handbook said I had to appeal to MD of the company but our company does not actually have an MD so this was a bit confusing. As it was all done very rushed I addressed letter to the MD.

MD came back within about 24-48 hours with a letter stating that my diciplinary stands.

A month on I have met the objectives on the list of targets but I have been told that my work is still not good enough and that more things have come to light about my poor performance.

I agree that there are some negative things but I work as part of a team and I am the one being held accountable, despite others being involved. They claim more clients want to not work with me which I don't 100% believe as those clients have continued to contact me which seems to make no sense!

In this latest meeting I have been given the option to either resign or be given a final written warning. I am so confused as to what to do. If I hand in my notice I will get my usual notice period apparently. I will also be given a good reference I have been told.

I know they have gone against their own procedures as well as good practice guidelines but feel at a loss as to what to do.

I am also now on anti-depressants and panic tablets. I have also been prescribed sleeping pills. Not sure if that's relevant but thought I should mention.

Any advice and help between now and Monday would be so appreciated. I feel awful.

[EightiesChick]

Not sure I can give comprehensive advice, but a similar thing happened to my DH, all done without warnings or proper procedures. In the end he reached a compromise agreement with the organisation and left with a payoff negotiated by a solicitor. We had to pay for the legal help but it was worth it. If you're in a union (my DH wasn't) speak to them, and also check if you have legal cover to pay for solicitors - quite a few people have it included on their house insurance, I believe, though we didn't. If neither of these things apply, I would consider looking for an employment law solicitor yourself.

I would also get an appointment with your GP asap - perhaps s/he can sign you off with stress and ask for a temporary extension of the time period for all this, to allow you to gather yourself a bit? Sorry you are feeling so bad. It's totally understandable.

[EightiesChick]

Sorry, should also have said that sadly it looks untenable for you to carry on working there. Your best bet is to try to get yourself the best deal on exit. Any payoff and agreed reference would be the main issues, then. I know it's a shit time to be job-hunting but at least you have a chance of finding something better.

[wineonafridaynight]

Thank you so much for responding so quickly! :)

I am not a member of a union. I also don't think I have legal cover through insurance.

My GP has offered to sign me off on two occassions already but believing that I wanted to make this work, I declined the offer. I have been told I need to decide on Tuesday whether I will resign or whether I'm given a final warning. This gives me no time for legal advice unless I lie or call in sick.

Ironically I didn't want to call in sick on Tuesday as there are some really important work deadlines I didn't want to miss but feel I may have to in order to have the chance to go to a solicitors.

I'm so sorry that this happened to your husband as well. Can I ask, what did he tell his new employer when they asked why he had left his last job?

[wineonafridaynight]

Just seen your second message. I agree - i don't see how I can carry on working there. They have made it impossible! But then proving constructive dismissal is impossible. I have been advised by someone that my best bet is to let them fire me as it is easier to prove unfair dismissal rather than constructive!

[EightiesChick]

Unfortunately wine there's been no new employer yet (he's done some freelance working but is mostly still looking) but the advice given by the agency who recruited him for the last job was just to be open about it and say there were differences of opinion, personality clashes etc, and that it had never happened before in his career, then emphasising all the other occasions where you've been v successful in building relationships.

I'd forgotten that it's Bank Hol Weekend, so can see you're a bit stuck there. Try posting in legal here in case there are any employment lawyers around.

I'm really beyond the limits of my knowledge now, but of the two options I'd probably say take the final warning (and try to get clarification of what it is about and exactly what you are now supposed to do differently) as then you'll get more time to seek advice. But bear in mind it didn't go that way for my DH, it all shifted quickly to discussing the compromise agreement, so that's just my personal opinion, not based on any actual expertise or experience. Hopefully someone will come along who knows better. Best of luck with it all.

[wineonafridaynight]

Thank you. I really appreciate your advice and wish you and your husband the best of luck.

As horrible as it is to know that someone else is in this situation, it's also a good reminder that I'm not the only one if that makes sense.

[LoveBeingInBed]

WOAFN - can I ask what you want the outcome to look like? ie still working there? no job but maybe a chance of a payoff?

[onimolap]

I echo all the posts here about getting legal advice.

A couple of thoughts to throw in:

a) if you resign, it can affect your eligibility for JSA for 26 weeks (knocking out the entire period for which you can claim the contributions-based version). There is discretionary provision to pay it if there is a constructive dismissal claim ongoing, but I don't know how many hoops you have to jump through to activate that.

b) you've not said what field you work in, so I've no idea what your prospects are fir finding a different job. But from all you've posted, I don't think you will be happy staying with this lot. I really do hope this mess can lead to a way to something better.

[inmypants]

Have you a copy of the grievance procedure that is in their handbook?

If not take a look at the ACAS website as this is what employers are assessed against if an employee takes them to a tribunal for unfair dismissal. This gives clear guidelines as to the stages that must be adhered to as well as the administrative processes. Employers can be done fornot following the correct process regardless of the outcome.

If looking at these the company hasn't followed any aspect of them - then you would have a case for unfair dismissal.

I would suggest contacting ACAS they have a helpline on which you can call. DO NOT resign - allow them to continue their processes. Clearly this mean they will be dismissing you on the grounds of poor performance, but from the facts you have given above sounds like you would have a strong case against them.

Ensure you have all copies of correspondance relating to this situation - spend this weekend detailing by date all the things that have happened. including evidence they gave you of your poor performance, the objectives/targets you were set and how they were met ( or not or other mitigating circumstances) etc etc.

If they insist on tuesday of letting you go - I would tell them that you intend to file an unfair dismissal claim against them and see how you get on.

It costs next to nothing to do this, acas will support you and wil actually try to resolve the matter before it goes to court.

Do check to see if you have any free legal cover on your house insurance otherwise then make an appt asap to contact CAB and if you can afford it a solicitor who you can consult for advice - but you really shouldnt need to retain them beyond giving you advice as to the process and again loads of info on the ACAS website.


HTH buut try to be proactive thie weekend rather than paniking about it. Take some control and get YOUR ducks in order.

[greentea72]

hi

Just to reiterate inmypants comments

Do not resign - constructive dismissal is harder to prove than unfair dismissal. If they do not follow their procedures it will not look good for them.


ACAS are useful but also check if you have any access to a free legal help line either through your house insurance or through any proffessional body.

Any statement they make about you they have to have clear evidence - ask for this in writing prior to your meeting.

Any meeting you attend take a witness to take notes agree this with them in advance.

If you are too stressed to deal with this at the moment - get yourself signed off by the doctor - this will not affect your legal sitution (providing you keep them informed of your status - you can always write to them stating your case in the meantime) and again will not look good from their side.

Try and stay as calm as possible - very difficult I know - but it is possible to come out the other side of this, I did and I am in a much better position now.

Good luck

[AllarmBells]

Hi Wine
I totally agree with inmypants
"DO NOT resign - allow them to continue their processes. Clearly this mean they will be dismissing you on the grounds of poor performance, but from the facts you have given above sounds like you would have a strong case against them."

I'm sorry you are so upset by this that you are on ADs. They are treating you badly, it sounds as though they are trying to squeeze you out and are not giving you fair warnings or opportunities to "improve". I know it is hard but IMO you should fight this. As Greentea says, it is worth doing.

Best of luck.

[wineonafridaynight]

Thanks for the advice.

Lovebeinginbed - I don't think I want to be there any more. I feel so warn down yet there is still part of me that feels very loyal to the company.

I was not given an opportunity to bring a witness to my initial meeting as I was not told about the meeting in advance. I know this breaks ACAS guidelines as well as the company's own guidelines as stated in the handbook.

I am very depressed by this situation although after updating CV and finding some jobs to apply for today, I am feeling a little more positive.

It seems that I need to go back in on Tuesday, they will tell me I have a final warning and have two weeks to turn it around (I believe it will be 2 weeks but could be one month). I know they will then fire me and with that in mind and all the stress I will find it difficult to do my job and carry on as normal as it feels as though it is delaying the inevitable.

I'm so stuck as to what to do. I don't feel strong enough to go in there and go through the motions yet know that eventually I will lose my job anyway as they seem content on getting rid of me. But if I get signed off sick I still need to go back and deal with this in the end one day.

I found a no win no fee solicitor that I called today. They operator will pass my call to a solicitor who will call me on Tuesday. Also wondering if I should just go to a solicitor on Tuesday morning....but then I'm meant to be at work so feel as though I would be making things worse by going in late.

So confused by all of this. Cannot believe I am in this situation!

[wineonafridaynight]

Oh yes - silly thing is I also had a great appraisal about a month before this! oh and one of the clients who apparently doesn't want to deal with me anymore has continued to contact me.

[azazello]

I'm not an employment solicitor but am sure someone who is will be along soon. Anyway, here are my thoughts:

Get copies of absolutely everything. Any appraisals especially if good and if you can, get references from clients/ contacts supporting you.

I would seriously recommend getting signed off sick until you have seen a solicitor. You will probably feel better able to cope when you have a clear plan and you are not really in the best place to make decisions at the moment.

Finally, don't resign. Let them fire you and tell them you'll take them to tribunal. Whatever they threaten about references, it is very difficult to give someone a bad reference and this will be one of the things a tribunal/ ACAS will address during the proceedings.

[Tortington]

i'd also e-mai your clients and tell them you are doing a self assessment and how they found your work.

if your work is any good, you can keep the e-mails and use them as evidence i suppose

[wineonafridaynight]

Thank you both!

I may have to get myself signed off on Tuesday. Stupid thing is I'm thinking about the bloody deadlines I have on Tuesday that I don't want to miss. Why do I care so much when I'm being treated so badly?!

I'm concerned that if I contact clients to ask about my performance that it will annoy my bosses. Maybe I shouldn't care. I'm not sure.

[greentea72]

The fact that you care shows you are a diligent employee. However this is one situation where you need to put yourself first. If you are not well enough get signed off, get your case togther and then fight back.

Be careful about contacting clients this may be seen as breach of confidentiality (someone with more employment law experience may be able to give more advice) I would have thought in a tribunal situation a recent good appraisal would be better evidence anyway.

One useful piece of advice that someone gave me is to treat this as a procedure - make sure you follow their grievance procedures etc. even if they don't. collate your case clearly and concisely; Challange them to provide evidence for their statements and point out were they have failed to act reasonably. If you are not up to initially doing this in a meeting then write it in a letter and then have a meeting to discuss this.(make sure you have a witness in all meetings)

Anything you can do to try and relax will help. Hope you can get through the next few days - be strong be professional and you will get through.

[tefal]

I have not read through all responses but please make sure (sorry if someone has already said) that you get everything in writing. No 1-1 chats. If anyone asks you then say you just want everything in writing and walk away.

Print off any relevant e-mails and take them home.

Good luck.

[wineonafridaynight]

Thank you. Unfortunately some of the conversations have been in writing - e.g. the meeting where they basically said walk or we'll give you a final notice. I have noted down all dates of everything that has happened.

I have also got a copy of letter no. 1, my appeal letter and their response to that. In the response the person who is responding openly admits that she was involved in the original investigation in writing - so much for an independent person for the appeal!

[LadyLapsang]

Sorry this is happening to you. How long have you worked there?

Would echo everything others have said about keeping records. Email home or print off anything you may later need (all your appraisals etc.). Do contact your clients for feedback but don't relate it to poor performance etc.

If they start playing silly tricks like delaying letters from HR or not giving you enough time to respond, note it and challenge them.

You said that you met all the work objectives they initially gave you but that you were told your 'work is still not good enough and that more things have come to light about my poor performance', were they specific, did you agree with them and have you agreed new objectives to address these?

Is there a union that covers your area of work, it might not be too late to join and get some help. In any case I think you should see a soliciter that specialises in employment law.

[wineonafridaynight]

Ladylapsang - I've been there for about two years. I wish I had challenged them when they didn't deal with my appeal in the right manner. :(

The things that have come to light are about mess ups with clients in general - they are not only my clients however as we work as part of a team.

Sadly no union - this has made me realise the important role that unions play however.

The no win no fee solicitors I called yesterday were not going to be able to call back until Tuesday morning as that was when there would next be an actual solicitor working. However I got a call today and missed the call. They left a message, I tried calling back and left a message asking them to call me. I'm pleased that they have made the effort. Just feel like I need some advice as to the legal aspect of what I do next really. If I stay knowing that they are going to fire me, I will fall apart - I'm not great in these situations.

On the bright side I have seen 5 jobs I want to apply for. I have applied for 1, 2 I had to email to ask for an application form and the other 2 I want to apply to but the silly application form is in a funny format. I have a mac so waiting to use my DP's PC when I get a moment as that might be why.