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Apologies for the slight delay, I experienced some temporary connection issues last night. All seems to be resolved now so I can continue with my advice.
This could indeed potentially amount to constructive dismissal, which occurs when the following two elements are present:
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario). In this case you are being asked to leave when the employer has not really followed any other performance procedure. Whilst they can eventually dismiss you for poor performance it is not something that should happen straight away and they need to issue you with warnings and give you the chance to improve before they consider dismissal.
Whilst resignation and a claim for constructive dismissal is an option, you would be better off refusing to resign and letting the employer deal with this in whatever way they see fit. If they decide to dismiss straight away it is likely to be an unfair dismissal and you can claim that instead of constructive dismissal – it is generally considered an easier claim as it is for the employer to prove the dismissal was fair rather than for you to prove you had good reasons to resign.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks