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Original poster

Can you ask someone to resign?

20 replies

GreatPotato · 30/09/2021 09:03

A staff member has done something, repeatedly, which is almost certianly gross misconduct.

He has less than a year's service and aside from this issue, hasn't been particularly effective in the role, although he did have an excellent probation, his performance has gone downhill since.

So I'm about to start proceedings to dismissal. I'd like to give him the opportunity to "consider his position" and think about whether resigning would be best all round. Or better just to follow the process (which may trigger resignation anyway)?

OP posts:

RealhousewifeofBarnardCastle · 30/09/2021 09:10

Surely you want to get to the bottom of the problem and find out why his performance has gone downhill and whether there’s anything he can do about it? He should be given the opportunity to improve and only then should any other action be taken imo.

Or, if it’s gross misconduct then perhaps it’s straight to dismissal, depends what it and what your company policies are

TheFeistyFeminist · 30/09/2021 09:10

You need to be beyond reproach, so asking him to resign could blow up in your face later. If gross misconduct is the likely outcome, the action of a reasonable employer would be to let due process demonstrate it, and enables you to write a factual reference for the future which would hopefully prevent the same thing happening in another employment.

choosername1234 · 30/09/2021 09:13

With less than 2 years employment with you, you can sack him for any (or no) reason. He would be unable to claim unfair dismissal until he's been employed 2 years. It might be better just to fire him. Personally I think the law is unfair but it's legal

Original poster

GreatPotato · 30/09/2021 09:15

Yes I had just done a plan to try and improve the performance, but this new issue has come to light and I don't think there's any way back from that. It's a repeated breach of trust. If it was once only and he was otherwise brilliant you might try, but it's not.

I just wondered if there was a way to make it less painful for everyone, especially in view of his short service.

OP posts:

BrilloPaddy · 30/09/2021 09:24

Do you have a legal advice scheme through your business insurance? or membership of the FSB? You can usually access some sort of legal help even if it is basic.

Don't ask someone to resign, if you have enough reason to dismiss then follow the process in your employment handbook.

Original poster

GreatPotato · 30/09/2021 09:26

@BrilloPaddy

Do you have a legal advice scheme through your business insurance? or membership of the FSB? You can usually access some sort of legal help even if it is basic.

Don't ask someone to resign, if you have enough reason to dismiss then follow the process in your employment handbook.

Yes, I do. I'm just gathering my thoughts on what questions to ask.

OP posts:

Doistayordoigodilemma · 30/09/2021 09:27

@choosername1234 that is such bad advice and quite wrong. If an employee feels they have been discriminated against they have legal recourse.
Better advice is to follow the correct procedures and be beyond reproach.

coronafiona · 30/09/2021 09:29

Bring him in, explain your reasons for concern and that you feel there is no way back. Interview to get his side of story. Then move to dismiss if he can't change your mind.

IveGotASongThatllGetOnYNerves · 30/09/2021 09:30

God no
Follow the correct procedure.

Regularsizedrudy · 30/09/2021 09:31

Absolutely not. You just have to hope they get the hint unfortunately.

Bluntness100 · 30/09/2021 09:32

Well no op. Why do you not have any guidance on this from yout employers and need to ask mumsnet, that’s so odd

You need to go through the displinary process. If you get to separation then if you wish to be nice you can give him the opportunity to resign instead of being fired as it looks better on his cv

What are you possibly thinking thay you can walk up to an employee ans ask them to resign and why are you in a position to manage people when you’ve really no basic idea?

choosername1234 · 30/09/2021 09:33

[quote Doistayordoigodilemma]@choosername1234 that is such bad advice and quite wrong. If an employee feels they have been discriminated against they have legal recourse.
Better advice is to follow the correct procedures and be beyond reproach.[/quote]
That applies if they have been discriminated against on grounds of a protected characteristic - age, sex, race
Being crap at your job doesn't fall into one of these categories

Mindymomo · 30/09/2021 09:34

I think asking someone to resign is avoiding the issue as to why the person has shown gross misconduct. You need to look the the contract rules and if it says (which it should), if there has been gross misconduct then the person will be dismissed immediately. All of my contracts I have signed, over many years, have this in place.

Original poster

GreatPotato · 30/09/2021 09:40

@Bluntness100

Well no op. Why do you not have any guidance on this from yout employers and need to ask mumsnet, that’s so odd

You need to go through the displinary process. If you get to separation then if you wish to be nice you can give him the opportunity to resign instead of being fired as it looks better on his cv

What are you possibly thinking thay you can walk up to an employee ans ask them to resign and why are you in a position to manage people when you’ve really no basic idea?

Thanks for that wonderfully constructive response. I've said I do have advice, I'm thinking about questions to ask (plus I'm not actually working today) and I explained that in view of the short service (which theoretically makes dismissal straightforward) I was just wondering if it's more "decent" to let him resign.

OP posts:

Doistayordoigodilemma · 30/09/2021 10:29

@choosername1234 how do you know he doesn’t also have one of these characteristics? I didn’t say being crap at your job is a reason for discrimination but your advice is hugely incorrect and quite honestly dangerous.

Hummingbird427 · 30/09/2021 16:44

I was just wondering if it's more "decent" to let him resign.

It's legally risky. don't do it. you're muddying the waters -just follow your own performance processes here.

hollyhocksarenotmessy · 30/09/2021 21:16

Letting someone resign is completely different to asking them to resign.

If you dismiss and they ask if they can resign instead, no, they can't resign from a job they no longer hold. Any time before that, of course they can resign, but for God's sake don't suggest it.

SandrasAnnoyingFriend · 30/09/2021 21:24

Why would he resign? It would make him ineligible for many benefits that he might need to tide him over.
If he's crap and has less than two years service you can dismiss with minimal 'process'. Simply call a meeting, advise he is not performing in the role and give notice.
I've done this on several occasions unfortunately.

SerenShine · 30/09/2021 21:31

Could you have a 'without prejudice' conversation with him where you're frank about things?

MilduraS · 30/09/2021 21:59

[quote Doistayordoigodilemma]@choosername1234 that is such bad advice and quite wrong. If an employee feels they have been discriminated against they have legal recourse.
Better advice is to follow the correct procedures and be beyond reproach.[/quote]
When I worked at a law firm they used to regularly fire people within the last few weeks before their 2 year anniversary. If an employee was an average performer they'd pull the plug just before it was too late. We had an office tradition of bringing in cakes for our 2 year anniversary. It was the kind of place where you needed a dark sense of humour.

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