FAST RESPONSE NEEDED PLEASE. can a resignation overide a sacking?

[helsi]

Hello,

Question re dh employment. He has been thinking about leaving his employment for a couple of weeks but nothing else lined up yet and his line manager is off sick wth no replacement. He has been stressed at the level of targets and he struggles to meet them and as this is a new area to him he has decided that it really isn't for him.

His bosses are aware of his struggles too and he has been asked to see the big bosses tomorrow along with a girl who is doing worse than he is.

We think he may be given his cards.

My question is if they do give him notice can he actually present them with a letter of resignation and say something like "well actually i have had this prepared for a few days but have had no-one to give it to as manager off sick so can you accept this instead please?"

Can he do that?

anyone? please. I could really need to know as we will need to sit and create his letter of resignation tonight if we need to.

AKAIK, yes, he can just resign and then not have his contract terminated by them.

How long has he worked there? It sounds as if he needs to look for another job anyway, even if they don't give him his cards. I think it is up to the company if they accept his resignation rather than calling it a sacking but I'm not sure.

Why doesnt he just call in sick. He could take them to an employment tribunal if they tried to sack him whilst on sick!
Have they warned him that they may sack him e.g. gone down a capability route? If not he would also have a case there.

I think it is up to the employer how they handle it, but if they are wanting him to leave they will probably be relieved if he hands in his notice first. Generally speaking it is usually easier for employers if someone resigns and they don't have to sack them, as you have to be really careful when sacking someone and it can be quite difficult. (The only reason they might not be so keen is if they want to sack for gross misconduct ie on the spot without having to pay in lieu of notice, but that doesn't sound like it's the case here.)

he has been there since beginning of September last year. He hasn't been told what the meeting is about.
He didn't want to just resign without having anything else to start as he may kick himself in the foot if it ISN'T the reason. However, he does have a feeling its last in first out as rumour is the company is not doing great.
He recognised he isn't doing great with sales targets and he asked for more support when they came to see him last month which they said they would try to do. The meeting last month was to thank him for his efforts and making the most money in Oct/Nov.

ps - no help has appeared yet eg training or support. he has been given a leaflet to read which is difficult with such high targets to meet in the 8 hours per day he is there.

He has a couple of interviews lined up this week though for other jobs - if he does get sacked then it would be better to have something to start.

If he has less than a year's service he will have far fewer emplyment rights.

Try www.acas.org.uk , it's got loads of information.

He might be best just to play it by ear, go into the meeting, hear what they have to say and if it is going down the 'parting company' route then tell them he has been planning to resign. Then he can have the chat about notice/payment in lieu etc more as it being a mutual decision.

If he resigns he is (I think) not eligible for any unemployment benefit but if he is sacked he would be. Don't know if that makes a difference.

Sorry is this the company who gave him champagne a few weeks ago. ??

And was it you who deleted messages from recruitment agencies ??

Apologies if I have the wrong person.

yes it is ladysherlock. i think it wouldn't hurt to have a letter in his pocket just in case dated a couple of days ago. he could then (if they do give him notice) ask them to consider this resignation as had a boss been there 2 days ago he would have handed it then. He can try at least I suppose.

i did pass the messages on in the end!

Possibly just as well....Just as a matter of interest.....what made you hand them over ?? Your conscience or the court of MN ??

my conscience of course!

If the company sacks him, they are not obliged to accept the resignation (and in cases of gross misconduct are best advised not to). If it is a case of missing targets, they probably will take the resignation. Sorry this is probably too late.