Asked to Leave

[Giulia123]

Hi I have effectively been asked to leave my corporate job after 6 years of service. They are trying to put this down to poor performance however the arguments they are using are arbitrary and I am confident I have a good case to rebute this. I have not been back at work long after mat leave (6.5 months) and have been working 4 days a week since I have been back. They didn’t want to agree to the 4 day week but think they knew they had to. Does anyone know what my options are? Am I able to fight this or now that they have asked for me to effectively resign can they force me to leave? My understanding is that I would have to be given a formal warning and put on an improvement plan before they could actually dismiss be legally. Is that right? Has anyone had any experience of this? I think it would be easy for me to pass any test as I am good at my job. I fear that this is personality related and also that they don’t want a working mum on the team (I’ve had to take some time off due to childcare)

[lavagal]

What actually was said to you and in what context?

[Giulia123]

They basically called a meeting to ask me to leave in a few months presumably to give me time to find something else. I can’t help feeling it’s related to the part time working / prenting as the reasons which they have given aren’t really of any substance and I think they acknowledge that I am good at my job. I think they maybe know it would be hard to actually dismiss me legally?

Any lawyers on here have a view or anyone had any similar happen?

[Icanseethebeach]

They didn’t have to agree to 4 days a week.

They can’t force you to resign but they could sack you.

[Georgethecat1]

I would reply back and ask what your redundancy package is?

I think they are trying to suggest you leave, without redundancy to make it cheaper and easier for them but not following official guidelines

[ADoggyDogWorld]

Hi IANAL however I would expect a follow up to the meeting to be in writing, spelling out the employers expectations, and their timeline. Have you had anything in writing?

[FusilliNom]

Without knowing their reasons it's hard to say. However they've done the decent thing and asked you to leave before they have to make the process messy and cause stress. It also looks for better when applying for a new job to be in a job.

[Fannyfiggs]

I know you said they're trying to put it down to your performance but what exactly did they say about your performance? Do they have evidence that your performance isn't meeting expectations?

Have you had coaching or training to allow you to improve your performance? Have they put you on a performance improvement plan (PIP)? Do you have targets that you aren't meeting?

[PinkPillow11]

Did you get any paperwork from them, or anything in writing?

[saveforthat]

Why do you think they had to agree to a 4 day week? Because they didn't.

[BranchGold]

When you say you’ve had time off for childcare, how many incidents has that been?

[newnamechange98]

Have you been placed on a performance improvement plan? I would've thought if you have been there 6 years they'd have to be more justification for removing you.

[Megifer]

Op they have to invite you to an investigation hearing to put their concerns to you, give you chance to respond, then consider if a PIP is appropriate or a warning, or both, them give you reasonable time to improve.

Did they mention wanting to enter into a 'protected conversation' at all? If not and they've just asked you to leave they have been quite stupid. Either way it's worth doing a "hi, just to recap you asked me to leave because of xyz reasons on x date" type email just in case.

[Giulia123]

Nothing in writing (yet).

A handful of times I have taken sick or holiday to cover childcare when my daughter has been unwell.

they made it pretty clear they didn’t think the job could be done on 4 days.

no formal improvement plan. Couple of meetings where they have criticised failure to bring in clients but that is not the actual role of the job and there is evidence that I have actually done that which is why I think it’s a stretch to dismiss me for this. Wonder if it could be discrimination. They will have covered themselves though I’m sure

[theduchessofspork]

I wouldn’t do a thing till you take advice - if they don’t want you you are almost certainly better off leaving, but you want the maximum package. Or the opportunity to see if there’s a way you can stay if that’s what you want.

Do you have or can you join a union to get advice, or does your professional body have an advisory service?

[Megifer]

They aren't doing a very good job at covering themselves at all op.

At this point I think you need to email an "as discussed" email specifically asking for the reasons they want the employment relationship to end.

On the face of it this does have an aroma of potential discrimination if they have already been vocal about the 4 day thing.

In the meantime start gathering emails, notes, keep a timeline etc

[Giulia123]

Yes I think it was a protected meeting.

No union but I think I will have to get some advice. Just wondered whether if it’s linked to being a mother could it be classed as discrimination and if anyone knows how?

[FusilliNom]

@Giulia123

Nothing in writing (yet).

A handful of times I have taken sick or holiday to cover childcare when my daughter has been unwell.

they made it pretty clear they didn’t think the job could be done on 4 days.

no formal improvement plan. Couple of meetings where they have criticised failure to bring in clients but that is not the actual role of the job and there is evidence that I have actually done that which is why I think it’s a stretch to dismiss me for this. Wonder if it could be discrimination. They will have covered themselves though I’m sure

So are these the reasons they've given? Or just the "normal bringing in clients" one?

[BIWI]

You really need legal advice for something like this - it's a really difficult area.

That said, (and IANAL), they can't make you leave your job without the requisite warnings, or putting you on a PIP - and if you pass that you'd keep your job. The only thing they could do would be to make you redundant, but I think they also have to prove that your role is no longer viable. (And, of course, would have to agree a package for you).

I'd also contact ACAS and ask their advice. But definitely get a lawyer.

[Neurodiversitydoctor]

https://pregnantthenscrewed.com/

This might be helpful

[devildeepbluesea]

What is ‘a handful of times’ in 6.5 months? You shouldn’t be calling in sick to look after your child.

And I echo a PP in saying that they didn’t have to agree to 4 days.

That said, in order to dismiss
for poor performance they have to put you on a PIP and give you the chance to improve. So don’t resign, ask for a formal meeting to outline exactly what the issues are, and ask them to provide evidence.

I also agree that there is a whiff of discrimination about this. They need to demonstrate why your performance isn’t acceptable.

[Megifer]

@Giulia123

Yes I think it was a protected meeting.

No union but I think I will have to get some advice. Just wondered whether if it’s linked to being a mother could it be classed as discrimination and if anyone knows how?

So if it was a protected conversation that still doesn't cover them if the reasons are discriminatory.

The only way you'll be able to dig is if you ask them for an explanation of why they feel its not working out.

Have they offered you a settlement? Usually in a protected conversation they put an offer on the table.

[BIWI]

Also make sure that any communication is in writing. And that notes are taken/provided/circulated after any meetings.

[Megifer]

And op no one on here can say they didn't have to agree. If there was no good business reason to refuse then by default they had to agree. They might not like it though which might be the crux here (and the reason why it's potentially discrimination)

[MinervaMcGonagallsCat]

@Giulia123

Yes I think it was a protected meeting.

No union but I think I will have to get some advice. Just wondered whether if it’s linked to being a mother could it be classed as discrimination and if anyone knows how?

Did they call it a 'protected' meeting and use words like 'protected' and 'without prejudice'?

If they did it sounds like they are offering you a settlement agreement.

This is worth considering. It allows you to move on with money and a good reference. They will pay for you to get legal advice as part of the process.

If they are not doing this then get in touch with ACAS and get advice on how to proceed.

Check your home insurance to see if you have employment legal advice cover. And don't agree to anything without getting advice.

[LutonBeds]

@Giulia123

Yes I think it was a protected meeting.

No union but I think I will have to get some advice. Just wondered whether if it’s linked to being a mother could it be classed as discrimination and if anyone knows how?

IANAL, as I understand it the only way it could be classed as discrimination is if they would treat a male who had done the same differently to you. Being a parent is not a protected characteristic.

They didn’t have to agree to 4 days and as pp said, you shouldn’t be calling in sick unless it’s you that’s sick. Some places would class that as gross misconduct.