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Best way to leave my employer...


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Hi all,

 

looking for a bit of advice really. I have been on sick leave from work since January after badly hurting my lower back (I have had back problems in the past, all stems from a rugby injury and is all on my medical record) and recently work wrote to me telling me they wanted to refer me to Occupational Health, which was expected and fine, but within 5 days of the letter - very short notice.

 

I told them this was inconvenient, and ask for it to be rearranged so I could ensure I had a driver available, childcare covered etc. They reluctantly agreed, but let slip that as well as assessing my ability to return to work, they wanted me assessed to see if I could attend an investigatory meeting. All new to me, so I queried it.

 

Turns out that they want to look at 2 discrepancies over my timekeeping before Xmas; the 2 instances were both times I left work slightly early (on site Xmas parties). Others did it as well, but I have no idea if anyone else is being looked at, or if this is just a convenient way to get me out (which I think it is)

 

Well, I've decided to go anyway, but what would be the best way to leave?

 

1. Just resign? ask for my normal 4 weeks notice

2. Resign, but on medical grounds. That is, I am still signed off as 'unfit to work' with sciatica,and could just inform them there is no immediate prospect of a return to work. GP would probably supply a note, and I guess it may make income support or jsa easier to get, rather than just resigning.

3. Ask them to mutually agree to terminate my employment. Does this have any particular benfits/ negatives?

4. Seek a compromise agreement. I know this guarantees a fair reference etc, but not sure how strong my bargaining position is.

 

I want to make sure I leave before I get anything on my record obviously. I'm assuming they would be happy for me to go, but really don't know the way to go about it.

 

Any advice/ ideas would be appreciated (or if you need further info...)

 

Thanks in advance

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My first question is why you want to resign? If there are no problems with the investigation, and others did it, then I don't see a reason to resign.

 

Why do you think they "want you out"?

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Hi there. Never really got on with the manager, and have had run ins before. If I get even a warning for the timekeeping, I can also get a warning for sickness, and thats almost enough for a '3 strikes and your out' .

 

The back issue is one that genuinely impacts the job (I commute 4 hrs a day, and involves long stretches on your feet) and I think its probably in my best interests to leave as well..just don't want them to necessarily know that!

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if you resign you get not benefits for at least 6 weeks (if i remember rightly)

 

Timekeeping and sickness are different things so cannot be bundled together for 3 strikes and your out. In fact sickness is NOT a reason for any disciplinary action if it is covered by your GP.

 

If they operate a 3 strikes and your out policy, against any disciplinary problem, then this is against the law.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Iburk - i am sorry but you are incorrect in stating In fact sickness is NOT a reason for any disciplinary action if it is covered by your GP.

 

An employee can be sacked for high levels of sickness and be subjected to disciplinary action (even if signed off by the GP) if the employer showed that followed the set procedures. If the person isn't covered by Equality Act then its even easier for the employer to get rid of an employee that has a high sickness record.

 

Nobody is exempt from being sacked - not matter what the medical condition is, providing the employer goes about it the right way.

 

 

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yes sickness can lead to absenteeism or capability warnings. But you cannot be given a warning for being "sick" which is what he stated above.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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That's what I thought. As I have had quite a lot of sick time, even though all certified, it can still be cause for a warning...and judging my line manager, it WILL be a warning. Throw in the other incident, which I admitted to at the time, and will probably get some form of warning for, and I'm on a bit of a knife edge. That's why I think it's best go before things gt too messy

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