Asked to resign - what to do?

[MissElaineNeus]

My DH runs a department of about 70 in a company of 200 - 400 people, reporting to the CEO. He's been in the job nearly 11 months, so not the 2 years he'd need for proper job protection.

On Friday he was invited into a Skype call with the CEO and one of his peers, and told that this wasn't working, and it would probably be best for him to resign. Also in that case he'd work his 3 months notice, but probably could do a lot of it from home.

He is thinking that he'd rather stand up and be dismissed, rather than shamed into making it easy for the company. Also a signal to a lot of other good people who are pissed off with this very toxic company. I think his ideal solution would be a settlement agreement with a good reference and 3 months PILON, so that he had 3 months free of work to job search.

Any thoughts on what the outcomes might be if he did? What's his best tactic?

This is illegal business practice. They have to genuinely make the role redundant and need to go through the proper channels, otherwise this is constructive dismissal.

Incorrect.

I deal with disciplinaries, redundancies and employment law every day.

Badly one can surmise?

OP the employer can dismiss with no reason at any point up until the 2 years is up, unless he can evidence of discrimination due to the protected characteristics, he is pretty much dead in the water.

If it wasn't the CEO on Friday, I'd schedule a skype with CEO for Monday to discuss options, and a compromise agreement but it is by no means anything that they have to do. They may do it to prevent a bad reputation but that's pretty much the only angle unless he has some dirt on them. Like illegal practices etc...

Thanks again, plenty to digest. The only possible protected characteristic would be age - he's early 50s.

Nah, that's not a protected characteristic! Not in your 50s.

Listen to Flowery and Lougle, they are experienced and qualified.
I’m not - but it would seem that they are offering him a good deal to go, which they don’t need to.
He can “stand up” to them but it could cost him dearly and a resignation looks better for future job hunting than dismissal

As many have said , the company can dismiss him ( or ask him to resign) without paying him any redundancy.

”The only possible protected characteristic would be age - he's early 50s.”

It doesn’t sound as though he has any reason to believe his age has anything to do with the decision, in which case no it won’t help him.

@Hoppinggreen

"Listen to Flowery and Lougle, they are experienced and qualified."

That's very kind of you, Hoppinggreen, but Flowery is qualified and experienced in this field. I merely have a very limited amount of HR experience in the past, and a keen interest in employment matters. I'm just careful not to stray outside of my knowledge.

”That's very kind of you, Hoppinggreen, but Flowery is qualified and experienced in this field. I merely have a very limited amount of HR experience in the past, and a keen interest in employment matters. I'm just careful not to stray outside of my knowledge.”

I think that’s actually an excellent illustration of the problem isn’t it? If someone posts something in an authoritative and knowledgeable tone, people will understandably assume they are qualified and experienced. Some of these people will do as Lougle does, and be careful not to post outside their knowledge, but others will not,

Settlement Agreement. Negotiated constructively with a very good agreed reference. Your DH should offer to tie up loose ends over 4 weeks and have remainder, together with any accrued A/L paid as PILON.

Nothing to be gained here from confrontation.

Flowery

If there is a protected characteristic and worked less than 1 year (3-6 months) with a grievance due to treatment but being asked to hand in notice would that enable a negotiation for a settlement?

What is pilon?

”If there is a protected characteristic and worked less than 1 year (3-6 months) with a grievance due to treatment but being asked to hand in notice would that enable a negotiation for a settlement?”

Depends what you mean by “treatment”. Just having a protected characteristic isn’t enough, there needs to be reason to believe that the protected characteristic is all or part of the reason for dismissal/being asked to resign,

So if someone had 3 months service, was bullied or treated less favourably because of a protected characteristic, raised a grievance about it and was asked to resign, then yes the employer would be legally vulnerable and a settlement would be relevant.

PILON is pay in lieu of notice, ie not working out notice but receiving it as pay instead.

Why would they offer him a settlement agreement when they can just dismiss him?

law society we got free half advice on employment dismissal redundancy issue, Look up their website they will have searches for your location & you choose area of law & check expertise of individual solicitor & whether they offer free or low price - worth while doing this & than you will know the wisest thing to do & your rights

”When I had a maternity leave related dispute, I was recommended an independent HR consultant who was able to advise me a write strongly worded letters etc. She was massively cheaper than a lawyer and mostly worked on a % of the settlement although I did pay minimum hours charge in case I didn't get anything!

It might be worth a quick google to see if there's anyone like that in your local area - but if nothing illegal has happened, might not be worth it.”

Most HR consultants won’t be able to do this. To give paid advice to private individuals which might result in a legal claim you need to be registered with the government’s claims management regulator, or overseen by a solicitor. Otherwise it’s a criminal offence. It’s expensive to register so most independent HR consultants won’t be.

There are 8 HR consultants working under my brand and we do not advise private clients for the (and other) reason.