Written warning - how can I leave?

[NomDePrune]

I've been in current job 10 months and was I thought performing reasonably well. It's just the director, me and another woman. Anyway in past 4 months workload has massively increased (vaguely seasonal) and I have asked for admin help as this takes up time I could be doing main job role ( business development). I have also asked and been refused pay rise (£8/hr!) and extra hours (We do 30).
Colleague and I were (briefly) good friends but this has cooled off. I'm placid, she is fiery (let's say Continental) and we've had two big arguments at work which I am not proud of.
Last week we were both given written warnings in the presence of an HR consultant along with list of past 'offences' such as taking a slightly longer lunch in January We have 2 weeks to improve capability then will get another WW then dismissal. I know my capability will not be deemed improved. United in the face of this treatment we both want to leave as the director obviously wants us out and I can't see this going any other way. Can I just walk out? How best to do this? Contract requires 1 month notice but is that enforceable? I'd love to leave director in the lurch during busy period without being malicious. Obviously I'm looking for another job and would like to be immediately available. Any ideas?

You could walk out, but a) you're not going to want any reference from the director after that and b) your colleague is likely to be allowed to stay because the cause of her problem behaviour (you) has been removed.

My advice would be to hand in your notice, ask the director whether your remaining time should be spent on business development or the alternative work given that you've only 30hrs a week to contribute and see what happens. You may be offered improved hours or pay; you may or may not want to accept. If your exit is still something you want, work the notice diligently and maintain some personal dignity in doing the right thing.

Thanks Optimist1. If I walk out that would be Breach of Contract, but what does that mean in real terms? My colleague won't be staying because she has also had the capability warning and the director has previously admitted being unhappy with her generally.
If I hand in my notice, it's a 1 month period but before that month is up I will have had the 2nd WW and then termination. This is laid out in the letter and there will be no pay rise or increase in hours - just not going to happen.
I don't have a choice of work - the bus dev work itself generates admin so I can't just do one of those.
I absolutely want to maintain personal dignity but I feel I am not being treated in a dignified manner by the director, who went straight to a consultant without any preliminary discussions or verbal warnings. It's a case of how I go not if

If you hand in your notice they are very unlikely to bother with 2nd written warning and termination as it's time consuming for the HR department and they leave themselves open to unfair dismissal claims. I think you will find if you hand in your notice the majority of the 1 month notice period will be taken up with them replacing you.

If I walk out that would be Breach of Contract, but what does that mean in real terms? it means you can be sued for the cost of doing without you, and replacing you. Also you won't get a reference

If you resign, they are not likely to bother with the second ww.

You may have a contract which states one month notice but legally you only need to give one week.

Id include a paragraph from the hmrc website in your resignation and give a weeks time date

Do they not have to give you a verbal warning first? Could you ring ACAS for advice. The lunchtime thing is petty.

NapQueen that is very interesting, I will look on HMRC site.

Ineed there is no HR dept, just the director and an HR consultant. I don't know if the director is winding up the company.
The two week period for improvement adds up to only 5 working days as I have 2 days leave.

If there is no HR department that is even more of a reason they won't want to go down the 2nd warning and termination route. Also if they do terminate your contract then shortly after wind the company up that would be good grounds for an unfair dismissal tribunal. If they are that keen to get rid of you they might even waive the notice period.

He's hugely unlikely to come after you so yes you could quit and walk. You could argue back your working conditions were untenable. Could this be a game of chicken ? See who quits first? The other stays?

I think it's much better to resign than be fired. I'd probably play nicely with the director for the reference.

I think you ought to resign and give notice.

I'd ask outright if he feels you're unsuited and in that case could you please have a reference and you will go ASAP

Tell them that if they give you a good reference and pay your notice you will leave immediately no need for any further disciplinary and see what they say. You will probably be able to negotiate something suitable.

You seem to have been given a written warning for rather dubious reasons and if there isn't a HR officer, do they actually have any HR procedures ?

I worked in HR a long time ago, so my knowledge is probably a little out of date, but... to issue written warnings they do have to follow Company procedure and you are entitled to appeal their decisions if you feel they have been issued unfairly. There's usually a 2 week window to appeal and the procedure is usually outlined in the letter and the HR manual.

Personally, If you are set on leaving, I would challenge the written warning, as it's on your record and potential new employers can ask about them. This would not only possibly clear your name, but it would buy you a bit of time between leaving as they will have to investigate your appeal.

I mean what are you incapable of exactly, have they offered some training to help you become more capable in your job ? If they're gonna hang you with written warnings, fire back with policies and best practise.

i think you are under the threshold to claim unfair dismissal, and it does sound a bit like they are trying to get shut. If you're not gonna get a decent reference and you've got a written warning on your file, I think I would be inclined to just resign and phone in sick for my notice period.

I doubt the director would sue you for breach of contract, especially if they are winding down the business. Too costly.

And if you are off sick, they can't issue any more written warnings.

Also if they do terminate your contract then shortly after wind the company up that would be good grounds for an unfair dismissal tribunal.

How do you work this out? They can get rid of her for virtually any reason at any point in the first two years of employment.

There is no indication that the company might be wound up! If it was, the Director is unlikely to spend company cash on the HR Consultant, surely?

OP, you've been there less than a year and had two major arguments in that time so I think asking for a pay rise was a little aspirational. Why are you so convinced that you won't meet the improvement required? The letter should set out the steps needed to meet the required standard, and I'd point out that you have leave for two days so could the period be extended.

I understand that you want to leave. I would hand in - and work - your notice. You'll need the reference. Take the high road (although it's not easy!).

I mean what are you incapable of exactly, have they offered some training to help you become more capable in your job ? If they're gonna hang you with written warnings, fire back with policies and best practise.
Square exactly. No training or desire to help. Improvements required include: "you need to work faster and have less time thinking and procrastinating". I just don't have the energy to fight this as the whole set-up is a shambles and I have no desire to stay in the job as it's so poorly paid and what I do is not appreciated. I'm not just being bitter, I have long thought this and my colleague agrees. I'm going to draft and print a resignation letter, ask for an informal talk with director and give notice afterward.

Just resign and serve your notice.

The fact is, as you haven't worked there for 2 years, you don't have statutory employment rights.

• Your employer doesn't need to give any reason to dismiss you. They don't have to do all the verbal and written warnings that they would have to if you had served over 2 years.
• they are legally within their rights to say that the relationship isn't working
  • they would either ask you to work your notice period. Or they could pay you in lieu of notice, if they want you to leave sooner. But that is their choice. - you could negotiate an early release, but that depends how amenable eager they are for you to leave.

I'd love to leave director in the lurch during busy period without being malicious I know this is wishful thinking but it would be better if you can keep your head down, serve your notice and at least get a reference from them. Anything else is going to reflect badly on you.

"Tell them that if they give you a good reference and pay your notice you will leave immediately no need for any further disciplinary and see what they say. You will probably be able to negotiate something suitable."

Why would they do that? If they're prepared to let her go early, as in not work her notice, there would no need for them to pay it!

OP just resign and work your notice, or ask to be released early if you want to. If you are keen to maintain your dignity, walking out in a strop and leaving them in the lurch isn't the way to do that.

If you don't want to work your notice and they won't let you leave early, you could just refuse. You'd be in breach of contract but unless they will incur a reasonable amount of financial loss as a result, they're unlikely to bring a claim against you. But obviously you would then kiss goodbye to anything resembling a half-decent reference.

If the OP has been there 10 months, they may not even need the reference. Staying in a job for 12 months just for a reference is ridiculous. You could get a job in a shop and get a reference in 3 months. And there is no guarantee that the reference will even be good.

Having a current reference for a full year's employment is definitely worth staying for.

It just doesn't sound hopeful that there is enough respect on either side to make that happen.

Relationships sour, but there's no point cutting off your nose to spite your face!

Most companies nowadays tend to avoid the type of testimonial references that would attract a "good" or "poor" rating

They tend to adopt a factual confirmation of employment e.g. 'Jane Doe worked in this company from x date to y date as an Accounts Clerk / Project Manager / Auditor of Paperclips'

Having a reference which shows 1 year's employment is meaningful.

Absolutely. It's all very well saying work somewhere else for three months and get a reference, but that won't address the fact the OP would be unable to give a reference for her last "proper" job, which would ring alarm bells. She needs to get at least a neutral, factual, dates of employment reference if possible.

Which no employer has to give anyway. A waste of a year.