Resign or be dismissed - HELP

[SparklerainSuntoes]

My boss last week said he had evidence that I had done something that is a case of summary dismissal but in light of my good service to the company was giving me the chance of resigning. No investigation was done, no disciplinary process. Nothing. Is this what happens in the real world or is it bullying? Should I raise a grievance against my boss?

[Earlybird]

More detail is needed.

Do you know what he is accusing you of? If so, are you guilty? Is there proof?

Is there an HR department at your place of work? Have they been involved?

[AimingForSerenity]

Agree with earlybird. Do you know what this offense is? If you do and you agree you did do it then you may choose to go rather than face having a dismissal on your record but he should, at least, explain the offence and the ramifications to you before suggesting this.

If you are confident you did not do whatever he is accusing you of then he is putting you in a situation where you could claim constructive dismissal so it is important to get all the facts before making a decision.

[SparklerainSuntoes]

I sent a colleague and someone who works for me a couple of links to (external) jobs. I did do it but... a) I am friends with both of them outside of work b) they are both unhappy in what they do. As a manager I have tried in vain to improve the situation but am limited in what I can do. I promoted the one who works for me to show she is appreciated and valued but I can't change the sort of work she does. I know it was silly but I don't like seeing my friends upset like this. I was just trying to help and now look!

I have now involved HR saying that if there is a case for summary dismissal I would like it followed. They are now doing this AFTER the resign/be dismissed conversation.

[Earlybird]

How did your boss find out?

Did you send the correspondence on a work computer or send to your colleagues on their work computers?

[SparklerainSuntoes]

There were about 6-8 emails over a year and mostly from my personal account to their work account. A couple were from my work to their work addresses. He found out because my colleague let it slip accidentally.

[said]

What's company policy on emails?

[SparklerainSuntoes]

said: I can't remember and as my access to the system has been blocked I can't find out.

[SenoritaViva]

I am not sure if it is a case for dismissal but sadly it will not be looked on too kindly to use work email addresses for this and will be considered that you over stepped the mark, disloyal to company etc. I am not sure if it is grounds for dismissal though rather than a written warning.

[SparklerainSuntoes]

PS I am ever so worried about - if I can't get a reference my hard earned career is probably over. Am worried sick. Tempted just to resign and slink off but I am quite upset about being threatened too.

[Earlybird]

How long have you worked there?

How is (was) your relationship with your boss?

[SparklerainSuntoes]

Over 3 years. It was generally ok and last year was on the whole good but has had ups and downs over the years. I tend to be the only one who has disagreed with him (politely but disagreed all the same) over the years. Everyone else is too scared of him so they keep a low profile generally. Also, I work four days a week which he hates and he wants me to work five.

[said]

How big is the company? Can a colleague look up the company policy for you? Of course, all of this should be presented to you anyway. Dismissal sounds hugely disproportionate in relation to what you've done

[SparklerainSuntoes]

It has just under 50 employees. I now have a letter of suspension that obviously came out in a hurry after I had advised the HR dept of the resign/dismissed option which states I cannot talk to anyone in the company, so no I don't think I can ask anyone for it.

[prh47bridge]

There is a process they must follow if they want to dismiss you otherwise it is automatically unfair. If they deny you information you need to defend yourself it will not look good if you take them to industrial tribunal.

If you succeed in having this overturned it clearly won't help your relationship with your boss. It seems he is already looking for an opportunity to get rid of you. So perhaps your best route is to take a compromise agreement if they offer one. You will need legal advice for a compromise agreement. They should pay your legal costs as if you don't take legal advice they will not be able to enforce the agreement. A compromise agreement usually includes a payment to you and a form of words to be used on any reference they provide, in return for which you agree not to take them to tribunal for unfair dismissal or similar.

[SparklerainSuntoes]

prh47bridge, thanks for that. I don't particularly want to go as far as tribunal but this feels very unfair to me!

Do you think a grievance is inappropriate at this stage? I want my boss to know that he can't go around threatening people like this!

[Collaborate]

Speak to your solicitor about that. It really has reached the stage where you need expert advice.

Never resign. It's a lot harder to claim constructive dismissal, and it affects your benefits.

[legaleagle2]

It sounds unlikely FROM WHAT YOU HAVE TOLD US that this would be classed as gross misconduct and therefore dismissal should not even be an option.

[MooMooFarm]

OP I used to work in HR and although I'm not an expert, the way this is being handled sounds very wrong to me.

I would advise you to ring the free ACAS helpline - it's 08457 47 47 47. If you explain the situation to them they will be able to tell you exactly what your legal position is and what you need to do. In my experience they are very helpful.

If you need to take it as far as a tribunal they will take you through the process, but hopefully it shouldn't come to that.

[cookcleanerchaufferetc]

As Moomoo said, call ACAS as this boss is hoping you will resign as your actions dont seem to warrant sacking.

[SparklerainSuntoes]

Legaleagle2 - I have told you everything I know (which admittedly isn't very much - the resign/dismiss conversation took about 5 minutes).

ACAS suggestions - will try them this morning. Thanks!

[mranchovy]

I'm going to offer an opposite view to the other posters here.

1. I would interpret these actions as contrary to the commercial interest of the employer, and therefore most likely to be judged as a fundamental breach of an (express or implied) term of employment. If this is the case, the grounds for dismissal are fair.
   

1. Whilst there may be a case for unfairness due to improper process, this will not save your job and will not lead to any significant damages.
   

1. Unless the business decides that despite your actions it wants to support you over your boss (which seems unlikely), you will end up losing your job. This will leave you in a few weeks time in exactly the same position as you would be in if you resign, with the only differences being:
   

i) how much money is paid to you during your notice period/in lieu of notice and in compensation
ii) what reference you get
iii) what you put on your CV/job applications about why you left your last job
If you resign, you are likely to be in the best position as far as (ii) and (iii) are concerned. If you fight, you may be in a better position as far as (i) is concerned, but you need to make a realistic estimate as to how much better that will be, and whether that is worth the possible consquences in terms of (ii) and (iii).

1. From where you are now, the option of a simple resignation is probably not available any more. I would be looking for the support of a good solicitor to negotiate a compromise agreement, to include specific wording for a reference. This is going to cost money which the employer will view as unnecessary, so expect to have to work hard to gain their cooperation: from their point of view they hold all the cards.