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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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, I have been asked to resign or I will be fired via diciplinary

Resolved Question:

Hi, I have been asked to resign or I will be fired via diciplinary process for being rude to other colleagues, and missing a flight this morning (£2k loss).
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer:

A year exactly.

Customer:

I know a tribunal won't help due to being there under 2 years.

Customer:

No formal grievance has been raised against me either, my 'rudness' to a number of colleagues happened over a month ago.

Customer:

I feel like I'm being bullied into leaving due to missing my flight this morning (2k loss) and telling my boss who was quite nasty about it that I won't take that attitude off him for factors outside of my control.

Ben Jones :

I understand you may feel bullied in this situation or that the reasons for the employer’s request is unfair but if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you or force you to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So if you refuse to resign the employer can easily just dismiss you instead, You therefore need to consider whether it is best to resign and not have a dismissal on your record, which could affect future employment. It is really a lost battle in this case tough because your refusal to resign could very easily (and legally) lead to a dismissal.

Customer:

I see, thank you for your answer. That's pretty much summed up my options.

Ben Jones :

Yes I am afraid so, it is your length of service that really lets you down here but hopefully the information will help you decide the best way forward

Customer:

thank you

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