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Resign or be sacked?

(19 Posts)
FrancoisMauriac Mon 21-Dec-15 13:41:00

DH thinks its very likely he will be sacked this week as he has a review meeting due.

He is currently on probation and has only been employed there for 4 months and has received a very poor initial appraisal, the majority of which was unjustified. DH doesn't like working there, it's a horrible team he's in and has fever worker with such unhelpful people (IT).

Following the poor appraisal he have a meeting with HR who did listen as to what parts were unjustified and is now on a performance management programme which is not going that well.

DH thinks it may look better if he resigns before he is sacked for the benefit of his CV and any future reference but if he resigns I understand he may not be eligible for JSA whilst looking for more work.

Does anyone have any advice?

justfivemoreminutes1 Mon 21-Dec-15 13:44:39

I definitely think it's better for him to resign than be sacked. How long is his notice period? Could he find something while he's working out his notice?

Nydj Mon 21-Dec-15 13:47:50

Resignation would look better on his CV as in he realised the job was not right for him and rather than waste anyone's time, he elected to resign and re-group over Christmas.

FrancoisMauriac Mon 21-Dec-15 13:49:54

I think as he's in the first six months it's only a week, so it'll probably be instant, he's already been clearing his desk.

He's been looking for work for a month or so as he's not happy there and has had a couple of interviews but no joy yet.

He's previously been out if work and has taken up to six months to get back, the JSA isn't much but is more than nothing.

OllyBJolly Mon 21-Dec-15 13:54:31

He's not really being sacked. It's termination during probation - just didn't work out. Wasn't the right job for him.

Yes, the result is the same but the semantics make a difference to how it's viewed. I wouldn't resign, I'd let the company initiate it and if at all possible, ask for a non-negative reference i.e. confirm dates of employment, that technically his work was acceptable etc.

ABetaDad1 Mon 21-Dec-15 13:58:52

Is your DH genuinely struggling in the job are did they always intend to sack him after 6 months as they only wanted a temporary employee but knew they would not get anyone decent applying if they said it was a temporary position on the advert? This is happening a lot in jobs at the moment.

In my view, negotiate a date for leaving the job which is exactly 6 months after the start date and put on the CV it was a temporary contract position. Try to negotiate a decent reference on leaving.

DW applying for a job right now that she suspects is being advertised as full time permanent but in reality they only want her for 6 months while someone is on maternity leave. She is not bothered either way but making out someone is performing poorly as an excuse to get rid of them without paying redundancy is systematic. The number of jobs with extended probation periods and people being terminated just before they accumulate two years of employment is also very common because the period for claiming unfair dismissal was extended to two years.

If DH was only in a job in IT for 6 months I don't thnk anyone wil bat an eyelid. Its 'normal' in IT for contracts to be temporary and people to move around.

FrancoisMauriac Mon 21-Dec-15 14:03:46

That sounds good OllyBJolly, I'll pass that onto DH. I suggested he ask his boss today what the outcome was going to be but she's very mercurial so DH never knows how responsive she'll be.

FrancoisMauriac Mon 21-Dec-15 14:26:04

He's not struggling with the technical aspect of the work ABetaDad, just the office culture of refusing to explain anything about their system.

His struggle is with how poorly they are carrying out their role (Testing). He's pretty experienced and feels some staff view him as a threat and are bad-mouthing him to the boss. sad

blaeberry Mon 21-Dec-15 14:33:32

Most employers would rather someone resigned than sack them - they want them gone and most would rather they could get rid of them as nicely as possible especially if strong emotions are not involved. So it should not be necessary to resign (unless he wants to) before it is clear that they intend to sack him; at that point he could ask if them to accept his resignation instead.

FrancoisMauriac Mon 21-Dec-15 15:45:12

Thanks blaeberry, I can see the benefit of resigning but have just read the following. fsad

Your Jobs and Benefits Office can delay your Jobseeker's Allowance for up to 26 weeks if you've voluntarily quit without good reason.

If the DWP can find any reason it to pay you, they will, DH was sanctioned once before. We could survive on my wage if we have to but it won't be easy.

WicksEnd Mon 21-Dec-15 16:32:26

Jobseeker's Allowance can be withheld for up to 26 if you leave voluntarily OR if you are sacked. If he makes a claim to JSA, he'll be asked to give his reasons in full at the new claim interview. They also verify it with the employer, however JSA goes into payment while they wait for the employers response.
For JSA purposes it would be better to go down the route of ended 'by mutual agreement at the end of probationary period' (if the employer doesn't respond then he'll not be sanctioned)
He'll also be asked how long the job was due to last.
The number of weeks he's worked there is also key, from my hazy recollection, over 4 but under 12 weeks and they can't sanction but don't take that as gospel.

FrancoisMauriac Mon 21-Dec-15 16:44:02

Thank you WicksEnd, I hadn't thought of that. blush
As blaeberry says, his employers won't want the hassle either (two days before Christmas) so I do hope the 'mutual agreement' line will be taken. Poor DH, he could do without this as could I.

messystressy Mon 21-Dec-15 17:06:46

My DH just went through this. He resigned as, like your DH, he also didn't like the job. They (as all employers at the moment, it seems?) said they will only confirm period of employment if asked for a reference. We didn't need this, just before Christmas, but he was clearly unhappy and stressed and so it was a good thing that he's out if that situation.

FrancoisMauriac Mon 21-Dec-15 17:13:36

Sorry to hear that messystressy, hope you and your DH are Ok. flowers
I've been telling DH that if was starting to get him down then he must leave but he's been following the belief that it's easier to get work whilst you're in work so has been stringing it out.
Even if at the review meeting they tell him he's doing great, I still think he needs to look for something else.

ABetaDad1 Mon 21-Dec-15 19:09:54

Yes sounds like a negotiated leaving date dressed up as end of contract might be best. Benefits wont pay if you deliberately make yourself jobless so something like an agreed settlement and a clean break allowing him to 'work from home' and still get aid while he finds another job would be he best outcome from a bad situation.

I often say this but the world of work gets more and more like a Victorian hiring fair every day.

ABetaDad1 Mon 21-Dec-15 19:12:42

aid = paid

FrancoisMauriac Mon 21-Dec-15 19:29:08

the world of work gets more and more like a Victorian hiring fair every day - God, yes! grin
Thanks for making me smile.

Sadly DH's age and disability do not make him liable to be picked first at the hiring fair. hmm

ABetaDad1 Mon 21-Dec-15 19:48:57

Francois - your DH is disabled?

Oh that makes sense now. That's why they have given him a bad probation report. He can clam discrimination on the basis of his disability at any time - even if not employed for two years. That is why they had to construct a bad probation report as an reason why he is being dismissed.

This is important. They will be very touchy about this issue and more willing to negotiate a proper exit.

I do not advise going to a Tribunal but certainly DH should not just resign with nothing in return. This is clearly nothing to do with his performance even if it isn't obviously to do with his disability discrimination - which is incredibly difficult to prove.

FrancoisMauriac Mon 21-Dec-15 21:32:08

He has a sensory impairment, but as you say it would be next to impossible to prove that they have discriminated against him in any way. They came up with all sorts of spurious nonsense.
He's read the thread, it's all been very helpful. flowers

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