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Being encouraged to resign - help please

(8 Posts)
JaceLancs Fri 29-Jan-16 19:48:56

DD started a new job approx 9 months ago, has a fixed term contract which is up at end of March - but thought likely would be continued as another fixed 12 month contract
Spent 3 months in training department then 3 months in mentoring process, this was all covered within 6 month probation period, she has been struggling with her role and asked for extra help
At end of 6 months they decided to extend probationary period for a further 3 months and drew up an action plan including weekly reviews and more focussed mentoring - which she agreed to happily
It is now coming toward end of this 3 month plan, they have reviewed her progress and are not happy that she has improved enough, and feel she is not right for the job
Although this is obviously a disappointment, she feels unable to argue with that decision, although has told them she feels that she has been penalised for asking for help.
The issue however is they are trying to force her to resign by saying it will be much easier for her - less stressful - she wouldn't have to work her notice etc, and that they will give her a better reference if she does, and she can just tell future employers she didn't like the job
I am concerned if she officially resigns that is letting them off the hook, making it easier for them, it says that she doesn't want/need the job when in fact she does desperately
I am also worried that it will affect her entitlement to claim benefits etc
So far she is holding her ground, and saying that they must either give her notice officially, which would be 1 month or let her stay to end of contract which would be 2 months
They appear very reluctant to do this and keep pressing her to reconsider
Every day this week she has been called in to some kind of meeting
It all seems very strange to me
Any advice re benefit sanctions or why they would be doing this greatly appreciated

lljkk Fri 29-Jan-16 20:05:00

I would tell my DD to resign for sure. Sounds like Hell & clean break best.
But then I come from a culture where we don't claim JSA, so can't really factor that in.

littledrummergirl Fri 29-Jan-16 20:39:47

She could tell them they could put her on gardening leave.grin
Does she have any holiday that she can take?
Maybe she could suggest that they bring the end date forward to a mutually agreeable date with a glowing reference.
If she is a tough cookie wanting some great experience with shitty employers then she could stick it out.

LucieLucie Fri 29-Jan-16 22:29:53

If she resigns she will not be eligible for jsa for 12 weeks.

She should NOT resign.

A reference is generally very generic nowadays and no employer should be holding the potential quality of one over an employee to persuade them to resign.

If the want rid of her she shout sit tight, do everything by the book and let them follow procedure.

JaceLancs Sat 30-Jan-16 00:10:20

Thank you that's helpful info Lucie.
DD was in previous job for nearly 8 years so will have good references from them
Does it make any difference if JSA is contributions based? Neither of us have ever had to claim benefits so it's a new thing that I don't know much about
DS claimed universal credit briefly between finishing university and starting his internship
Have you got any links for more info or help?

Fizrim Sat 30-Jan-16 00:17:47

I think previous posters are right about the benefit entitlement issue, but I can also see the employer's point of view (I used to work in HR). They will be ending her employment because she hasn't passed her probationary period (after an extension). I don't see it as easier for the employer if she resigns?

Fizrim Sat 30-Jan-16 00:21:01

Just to clarify - I don't think it makes it easier for the employer if she resigns. They could have ended her contract at the end of the original probationary period, they are not 'off the hook' if she resigns. IME, it is very rare for someone not to pass their probationary period so it may well be unusual there as well.

JaceLancs Tue 09-Feb-16 17:32:49

Update here - her Union are now involved along with HR and welfare department
DD has explained to them why she will not resign and they have not given her notice either
At least they appear to be attempting to follow correct policies and procedures now
DD is now job hunting anyway as she no longer has confidence in working in that environment or trust in them as employers
Just found out that one of her colleagues has since been forced into a similar position - hopefully they will follow her lead

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