Shall I just resign now, go through 6 weeks of pip or try for a settlement agreement?

[Undecidedshouldiquit]

1. Underperformed at work
2. Due to autism and personal issues
3. Been there less than 2 years, only 6 months in fact
4. If I do get dismissed at the end of my PIP, would my ex employer tell the next one...how would next employer find out
5. The current company only does references like 'x worked there from X to y'
6. Shall I ask for redeployment to another service line?

Taking longer to complete tasks is normal for ASD isn’t it. Processing and overwhelms are issues.

What conditions were you exams taken in? Were you in a big place or on your own. What adjustments did they make?

With the best will in the world a law firm might be able to help resit exams, maybe make a few more adjustments for ASD to address the under performance but a DUI charge is likely to be the final name in the coffin.

What country are you in?

You should have mentioned in the op the criminal offence and the fact your employer has already ruled out redeployment.

Your failure to notify your professional body and employer about the criminal offence will probably be enough to get you struck off already.

I really don't know why you think they'd consider a settlement agreement with you. Gross misconduct dismissal would be more likely.

That's why I didn't tell them about the DUI charge ... Is rather just resign than get sacked for gross misconduct

Failing to tell them is gross misconduct.

But how could they know? I've only been charged, it's not news

OP are you in England and Wales and thus subject to the Solicitor’s Regulatory Authority? Are you on a training contract and have you been doing the SQE stage 1?

Don't resign.

Yes to both

Why not

Why?

@Undecidedshouldiquit in your position, yes, I would resign. It's irrelevant whether or not you'd pass the PIP with a DUI.

I am just going to say it with my mother voice on ' why would you do that after all that hard work?'

You need to move on and find your niche. This is clearly not it

What is my niche

You could try contract formation and management? I’ve worked in industrial construction with contracts guys help have law degrees. A need for good record keeping, leading meetings, communications with contractors and other project managers/site supervisors

I have an economics degree

It does not matter what your niche is, you are clearly not suited to becoming a lawyer. Think about your strengths and weaknesses and regroup. What did you like about economics, what are other graduates doing? Maybe local government might be a better environment. You can start one role and develop. Visit a recruitment agent and take temp work to see what might suit better.

@Undecidedshouldiquit well anything that doesn't require you to have a clean criminal record.
Maybe try one of the ideas you discussed in the beginning of the thread

The charities focused on autism usually have employment related advice and support, they might be able to provide some careers advice and help you identify a better path for you.

I work in HR and have a legal background. My advice is to resign, given the information you have provided your current employment is not going to continue - the drug driving is really serious and not telling them exacerbates that.
If it was the exams I think you would have lost the training contract - failing one or even being borderline on a second exam they might have given you a chance but the whole lot means that they cannot invest in you any more - it’s too much of a risk for an uncertain outcome. I can’t see why they would give you a settlement agreement at all - we only use them for exits where there’s a risk of litigation that is difficult to defend, and I can’t see that here.

I would advise you to really think carefully about what you are capable of doing and what your strengths are. You will need to consider the criminal history if you are charged and/or convicted as it will exclude you from some careers or organisations.

Withholding the details of your DUI is gross misconduct. Your work on professional ethics should advise you that this needs to be disclosed immediately you are aware it is an issue.

In your situation I would resign before your are fired, as this will look better on your CV going forward

Well this is a massive mess. You’ve got three big problems

1. you have, in your own words, performed appallingly in your work
2. you have failed your professional exams
3. you are being prosecuted for drug driving and you haven’t told your employer.

Depending on the full circumstances 3 may or may not prevent you meeting the assessment of character test needed to qualify. But you can’t qualify anyway if you can’t pass the exams.

It sounds like you are not well suited to legal work. Obviously we are only seeing a high level summary and devil is in the detail but this sounds like a resignation situation to me. If you didn’t have 3 and could point to lack of reasonable support/adjustments for your autism for 1 and 2 maybe they would pay you something to close it out but with 3, I really doubt it and by trying to engage that type of process you risk being fired before you can resign.

However given this is your career at stake I would suggest getting a high quality in person solicitor to go through the full details with you - ideally one used to SRA issues - so you have a full understanding of where you stand as an employee.

The SRA has guidance on driving under the influence here
https://www.sra.org.uk/sra/corporate-strategy/sra-enforcement-strategy/enforcement-practice/driving-excess-alcohol-convictions

Useful info here
https://motoroffence.co.uk/wp-content/uploads/2019/06/criminal-convictions-SRA-guidance.pdf