Advice wanted on bosses behaviour/termination/resignation

[Bant]

I've been in my job for almost 9 months. I really intensely dislike it as it's not what I thought it was, morale in the office is poor, and my boss isn't happy with my performance. Also, my boss is a very difficult man to work for and generally makes me and my colleagues tense and miserable.

I wake up with panic attacks, which I've never had before, and I'm applying for other jobs outside the company - and keeping this quiet of course.

So, two weeks ago he told me that it wasn't working out, in a face to face meeting. He advised me to look for other positions within the company, and I found one and applied for it. I don't particularly want that one either as the first job has soured me on the whole place, but I want to keep the pay coming in until one of my other options comes in.

The following week he arranged a call with me and HR, and asked HR if they could just terminate me in order to get someone new into his team. HR asked me if I'd be willing to resign as that would look better on my CV. I said I'd really like to see what happens with this internal application, which I hadn't been contacted about yet, and could I make any decision after I'd heard about that.

Tomorrow I have a meeting with someone about that job, but my boss has just emailed me to ask if we can meet on Friday to discuss 'what work he would like done during my notice period'

Now - my contract says I have a 3 month notice period as I've been with the company for more than 6 months. HR confirmed this during the call last week.

However, I haven't resigned. They haven't terminated me. I haven't even been put on a formal review of any sort.

So - is this potentially constructive dismissal? What should I reply to my boss when talking about this meeting on Friday?

To be honest I just want to go on garden leave, but I want to put things off until I've accepted another job at another company - that might possibly come through this week or it could be months till I get one.

It's not constructive dismissal, you've not been there nearly long enough.

It sounds as though it has been decided that you're leaving, but instead of having dismissal confirmed now, as they could easily have done, you've been given an opportunity to resign instead. That option will clearly not be held open indefinitely, so either way, you'll be starting your notice period shortly.

If they agreed you could decide whether to resign after hearing about this internal job, and you expect to hear tomorrow, they'll expect your decision at that point, so by Friday, but you're going and whether it's a dismissal or a resignation is a technicality in your case.

They are not going to wait "months" for you to get another job elsewhere, and if your boss has plans about work to do during your notice period clearly it's unlikely you'll be placed on garden leave either I'm afraid.

Bear in mind though that while a resignation may look better on a CV/reference than a dismissal there may be issues should you want to claim benefits if you resign.
If this isn't a consideration I suggest that you agree with HR that you will resign if you don't get the other position and ask for a good reference to take with you. It will be less hassle for them if you do resign so they might go for it.

The only hassle the OP resigning would save them would be writing a termination letter. So while she should obviously ask for a good reference, she's not in anything like a good negotiating position to request one in return for her resignation.

True flowery , I was basing it on my own experience but I had over 2 years service so there was a procedure to follow.

Couldn't hurt to ask though

It is potentially constructive dismissal yes. But since you haven't been there for two years there is no claim that can be brought since you don't have the two years' service that you need.

I'm an employment lawyer.

Thanks for the advice everyone. I've had a discussion about the internal position and will go for that, while waiting to see if I'm offered an external job I've been applying for.

My boss is just of the mindset that he doesn't have to wait on processes and procedures so can just bull through anything like assuming I'm leaving, when I'm not - yet.

I didn't know it wasn't constructive dismissal until 2 years - thanks for the info.

Slight O/T - the duration you have to be employed before you can take an employer to a tribunal (constructive dismissal or other reasons for unfair dismissal) is a classic political football - Labour governments tend to reduce it, and Cons (or coalition most recently) increase it. It was 1 year until April 2012.

There is an exception - if you can prove the treatment you're receiving is due to discrimination, you can apply to an industrial tribunal to make a compensation claim.

I would echo the comments about benefits - resignation is treated as you making yourself "voluntarily" unemployed and therefore less favourably for benefits.

As for the CV aspect - I have never seen a CV that quoted reason for leaving previous jobs - some of mine would be quite funny, but I wouldn't take HR's word that it will "look better" if you quit, it won't. If I were you, I'd wait for them to formally notify you.

Your boss is even more of a berk than he sounds if you he thinks he's going to get much useful work from you in the notice period - he really does sound delusional.

Wishing you well - this stuff is rotten when it happens (as I know from experience) but sometimes it can be the kick up the bum you need :)