possible dismissal and handing in notice - help!

[chloe306]

Please can someone help?

I have worked for this company since 2013. Last year my job was 'changed' - my duties were removed, and I was given the choice of staying in the same department or moving to another. I'm still unsure of what job I was *supposed* to be doing after this. My MD strongly advised me to stay in the department. I did.

Shortly after, my marriage broke down down and my partner left me. I re-developed an eating disorder and began showing signs of anxiety - I basically had a mental breakdown. I had no holiday allowance available to take, and feared if I went on sick leave I wouldn't be able to pay the bills (I have no family in this country - no children either). I was put on medication that made me feel incredibly 'drunk' and admitted to a clinic for treatment. My manager has ignored me, and become rather 'sharp' - I feel like this has almost been planned for a long time.

I am now in the last stages of a disciplinary for grounds of capability. I have been signed off sick for now approaching 3 weeks, so the final meeting has been postponed. I've been receiving medical care and now believe the best chance for me is to hand my notice in and start focusing on getting a new job. Can I be dismissed once I've handed my notice in? Can I hand my notice in whilst off work, will it adversely affect me?

I'm barely surviving mentally (and physically) here. I want to seek legal advice but with limited funds, all the solicitors I've spoken to want £100 upfront to just give me advice.

[ULA]

Re: possible dismissal and handing in notice - help!

Hi@chloe306. I will try and deal with this issue for you. Can I just clarify that there have been previous disciplinary hearings before the one you are facing now? Also from what you have said is the reason for the grounds of capability based on ill health? If so I presume that through the process they have (1) obtained medical evidence, (2) consulted with you and (3) considered alternative employment?

On the specific question of handing in your notice if the intention to do this is so that you can say to any prospective new employer that you resigned rather than being dismissed then the issue you will have is although that is correct, if your new employer asks your current employer for a reference they may disclose that you resigned pending a disciplinary on ground of capability.

Also even if you did hand in your resignation then the employer can still opt to pursue the disciplinary regardless of your resignation right up to the date your notice runs out.

[chloe306]

Re: possible dismissal and handing in notice - help!

Hi Ula,

Thank you. This isn't the answer I was hoping for, but gives me some info. The grounds of capability aren't expressly due my sickness, the documentation references 'organisational skills - meeting deadlines, lack of communication, productivity - lack of focus, productivity and knowledge to carry out role'. After my job changed, they hired 2 people who took over elements of my old job. This is why I think I have been 'managed out'.

I had an improvement plan meeting in which my manager refused to help me with - I asked to meet and discuss how I was doing halfway through the plan period. I was told this wasn't possible. This is now at a 'further capability hearing stage' - the third stage which 'may result in dismissal'.

[ULA]

Re: possible dismissal and handing in notice - help!

I am sorry it was not the answer you were looking for. However, the view I have given on how your employer may approach any resignation is based on experience and I wanted you to be aware of what may happen to provide you the necessary information to assist you consider what course of action to take.

In regard to how a company deals with a capability issue they need to set in place an improvement plan with clearly defined objectives and criteria against which they can measure performance and they need to give a reasonable timescale over which improvements can be made.

I hope that at each stage you have been given the right to have a colleague or union rep with you at the meeting and been given the right of appeal?

[Yoshi1738]

Re: possible dismissal and handing in notice - help!

I think what you have to be aware with in employment law is that there is rarely a "Black and White" answer. It's not like saying "If I stab someone for the hell if it, is it a crime?"

The reality is, the employer cannot just dismiss you summarily (I.e. without notice) for a capability, so it will make financial sense for them to just allow you to serve your notice period (assuming that will be 4 weeks) and let you move on with your life, instead of risking the chance you could sue them for an unfair dismissal and possibly disability discrimination.

It sounds on the face of things that you may have a disability for the purposes of the Equality Act as it is in impairment, seems like it would last over a year and has a substantial affect on your life. The capability issues seems to have arisen from your disability.

Probably worth looking into some legal advice or CAB?