- Being forced to Resign -

[Prawnography]

Hi Folks

I hope I have posted in the right section.
I will keep this simple even tho its not that simple.

I am working in a company that has many departments, and I have only been there 5 months, which is below my probationary period of 6 months.

I have worked myself to the ground trying to help and support them, to the level that I have worked 23 hours shifts for them, and returned 6 hours later to carry on work.
The reason I am saying this is because I am passionate, as it is in the Care Profession.

There is a person there that really does not like me and has made life Hell for me, but I have tried to stay focused and remember why I am there.

I have handed to me a written warning, with 6 points that they are pulling me up on.
I responded to every point and even the Stand in HR Lady says it was a great response.

Enough of the waffle now.

I went back after 2 weeks, and 12th of May 2016 I was verbally told I have to either resign my Post, or get sacked.

We have had 6 resignations of managers in the last 8 months.

1. To resign means I can work in the other department as the Manager has said nothing but glowing reports that has even gone up to executive level ( The company is not small )
2. The other department does not have the hours I need.

My Question is:

3. I asked for in writhing our verbal conversation yesterday ( Which he is making every excuse why he won't give me )
4. We have not had any 1 to 1's as promised in the written warning.
5. They have a 3rd party Employment Solicitor, that they pay a lot of money for.
6. The Other employee that has complained about me has had no warnings and is still working their.
I have made every effort to make peace and I even apologized on numerous occasions to her, but was snubbed.

I have nobody fighting my corner, and have no legal knowledge, and I am just above minimum wage.

What do I do?
Do I just forget it and take it as Life experience and quietly go the same as other employees?
I feel sickened as the short time that I have been there has helped the people that I am there to help.

I have to add, that I was poached from this company, as in there exact words
" We want people like you onboard"

It feels like I have No backup, as I haven't been there long enough.
I have spoken to CAB and ACAS.
And also my local government Councillor even tho, I don't feel they like to get involved with Employment Law which I can understand.

Please advise.

Regards

Prawnography - 2016

[leclerc]

Re: - Being forced to Resign -

I will reply which should hopefully bump this up the forum so that people who might have missed this thread might answer.

The only comment I can say is that they could simply terminate your contract at the end of your probationary term.

[Prawnography]

Re: - Being forced to Resign -

Hi Leclerc,

I will just have to see, or if anybody has any suggestions?

Thanks

I will reply which should hopefully bump this up the forum so that people who might have missed this thread might answer.

The only comment I can say is that they could simply terminate your contract at the end of your probationary term.

[charitynjw]

Re: - Being forced to Resign -

Hi Prawnography & welcome to LB.

From reading your post (#1}, it seems to me to be a morally unfair dismissal.

Unfortunately, in the employment world, 'unfair dismissal' means not following the correct procedure as laid down by law, the relevant Codes of Practice & your employer's own procedures; nothing to do with morals.

Also nowadays you require a minimum of 2 years service to enjoy full employment rights. (Unless you have a Protected Characteristic or have performed a Protected Act, & the 'dismissal' is related to that characteristic or act. As this is complicated, it's better to just ask if you have any 'defence' in said areas. Do you? The Characteristics would be disability, race, age etc. The Acts would be whistleblowing, trade union duties, etc. For the dismissal, to be unfair, would need to show that you have suffered a detriment as a result of them).

I also noticed that you referred to 'he' as the person not giving you the written account of the conversation, but 'her' as the employee who you have tried apologising to. Could you explain what this means?

I'll try to give [MENTION=77627]Openlaw15[/MENTION] a nudge for another opinion

[Openlaw15]

Re: - Being forced to Resign -

Hi Prawnography & welcome to LB.

From reading your post (#1}, it seems to me to be a morally unfair dismissal.

Unfortunately, in the employment world, 'unfair dismissal' means not following the correct procedure as laid down by law, the relevant Codes of Practice & your employer's own procedures; nothing to do with morals.

Also nowadays you require a minimum of 2 years service to enjoy full employment rights. (Unless you have a Protected Characteristic or have performed a Protected Act, & the 'dismissal' is related to that characteristic or act. As this is complicated, it's better to just ask if you have any 'defence' in said areas. Do you? The Characteristics would be disability, race, age etc. The Acts would be whistleblowing, trade union duties, etc. For the dismissal, to be unfair, would need to show that you have suffered a detriment as a result of them).

I also noticed that you referred to 'he' as the person not giving you the written account of the conversation, but 'her' as the employee who you have tried apologising to. Could you explain what this means?

I'll try to give @Openlaw15 a nudge for another opinion

Besides what you said Charity, if it's victimisation as it seems to be here I think the probationary period doesn't stop any tribunal claims. 6 months probation seems rather a long too for care job just above minimum wage.

[Prawnography]

Re: - Being forced to Resign -

Hi Folks

Thank you for your responses, and sorry for the delay.

The latest update was on Thursday I was verbally given the Choice of leaving or being sacked.
I was asked to think about my choice.
on the Friday ( Next Day ) I rang up and asked for our discussion in writing.
I heard nothing, and on the Tuesday, I received in the post a Formal " Employment Termination " today.

Hi Charitynjw
I hope I haven't misunderstood you?

The He is my Manager Mr M and the Other person my Colleague is Mrs C.
I have done everything in my power to apologize even tho, I didn't feel I needed to.

Many colleagues are shocked and can't believe this has happened as I am very loyal and hard working, and proud of the folks I care for and also my job role and uniform.

Its 3:15 am now and I will be back in the Lions Den tomorrow.
But I don't care, I am not bowing down to injustice and I am not going to be squeezed out like the other employees have been.

All I want is a Clean reference and the Lady to learn that she can't treat fellow colleagues in such a manner.
The truth is her protection is that she is very close friends with a supervisor.
I have watched and see how they support each other.

Maybe I need to get wise and not trust anybody.
I was shocked to hear that Charities are only companies with Tax breaks and nothing more.

I will keep the info updated.

Regards to all who responded.

Prawnography

[Prawnography]

Re: - Being forced to Resign -

Hi Folks

Thank you for your responses, and sorry for the delay.

The latest update was on Thursday I was verbally given the Choice of leaving or being sacked.
I was asked to think about my choice.
on the Friday ( Next Day ) I rang up and asked for our discussion in writing.
I heard nothing, and on the Tuesday, I received in the post a Formal " Employment Termination " today.

Hi Charitynjw
I hope I haven't misunderstood you?

The He is my Manager Mr M and the Other person my Colleague is Mrs C.
I have done everything in my power to apologize even tho, I didn't feel I needed to.

Many colleagues are shocked and can't believe this has happened as I am very loyal and hard working, and proud of the folks I care for and also my job role and uniform.

Its 3:15 am now and I will be back in the Lions Den tomorrow.
But I don't care, I am not bowing down to injustice and I am not going to be squeezed out like the other employees have been.

All I want is a Clean reference and the Lady to learn that she can't treat fellow colleagues in such a manner.
The truth is her protection is that she is very close friends with a supervisor.
I have watched and see how they support each other.

Maybe I need to get wise and not trust anybody.
I was shocked to hear that Charities are only companies with Tax breaks and nothing more.

Hi Openlaw15
To prove victimization is difficult, I just purely think she took a dislike to me and felt threatened as, I was a person that always helped, and never made excuses, whilst she was a red tape by the book person.

I will keep the info updated.

Regards to all who responded.

Prawnography

[seduraed]

Re: - Being forced to Resign -

Start looking for another job now that person obviously hates you. With the new job join the union . That is what they are there for . Ask if you can get a neutral reference. Don't let it get you down too much .

[Prawnography]

Re: - Being forced to Resign -

Hi Seduraed
I don't want to be forced to get another Job.
I have been asked to escalate it and if that fails goto the Trustees.

Why should 1 selfish person ruin it for many?

But thank you for your encouragement.

Prawnography