Can I resign on a final written warning

[Blackcat70]

I have been employed for 10 years in the public sector. I gained a professional qualification 3 years ago and since then things have spiraled down hill. I have been through the disciplinary process and am on a final written warning and given an unachievable capability plan. I want to protect my professional status/qualification. It is clear the employer wants me out. I am considering resigning before my next hearing which could result in dismissal.

Are they giving you a lower grade on your inspections so that a disciplinary has to start?

”what would HR do about my references if I resign?”

Depends what your employer’s policy is on references. What do they normally do?

In your shoes OP I would ask for a discussion with your line manager and say you are thinking of resigning but are concerned about what a reference would say.

They may well agree a neutral reference to seal the deal on the resignation.

Remember at the moment they hold most of the cards but you hold a small one.. you can resign and save them all the bother and risk of an appeal/claim. So if you are going to try and ask for a neutral reference be sure to do this before you resign and not after.

Good luck.

Just resign. They probably won't take it further as it's a lot of work for nothing really. You've got nothing to gain from staying.

Thank you all for your advice which has been very helpful. I discussed seeing a solicitor with my union rep. He said that he would have to withdraw if I did this. He is excellent so I will stay with him.

I have a job interview next week. I need to be honest with them but give myself a chance. I've thought I'd tell them about the capability plan at the end of the interview and then, if offered the post, tell them about my final written warning then. What are your thoughts all??

I wouldn't tell them about the capability plan in the interview! That may seriously scupper your chances. Why do you feel you have to tell them? If they ask why you are moving on, you can answer from any one of a number of stock reasons such as 'time for a change', 'decided to work in xyz environment (tailor to the company you are interviewing with'.

If you're sure you're going to be sacked you're better off resigning and finding out what your reference will say (if you cannot negotiate a neutral reference). I don't know about your sector but a lot of places now only do tombstone references - dates employed from/to, job title., reason for leaving (ie resignation/redundancy/dismissal).

Most employers particularly if its capability will not want to scupper your chances of further employment, it would be different if it was gross misconduct like theft or something, but if its just an inability to perform at the required level most employers will just be glad that you're going and IME its fairly easy to agree a neutral reference in these circumstances particularly if you have that conversation up front before you hand in your notice. Why not try it?

I also wouldn't tell them anything. Unless they are desperate, they will not want to recruit someone who is being disciplined for capability issues, when they don't know you and what you are capable of doing.

I agree with a discussion with your boss and reference. If they are offered the job, they might be willing to give a decent reference if it means you going without them having to go through the more difficult route of dismissing.

Saying that, you need to consider that some public bodies still except references that provides more information than just basics. Our local LA will ask about disciplinary action undertaken in the last two years. They can opt not to respond to it, but of course it then looks suspicious.

If that is the case, depending on how your interview go next week, you might also want to consider being downgraded to a lower role, rebuilding your confidence and status before applying to another job.

Yes don't raise it in the interview. Find out as a matter of urgency what a reference would look like, and then based on that, you can decide how much information to give to a prospective new employer.