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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48769
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My boss has suggested that i resign my position in an off

Resolved Question:

my boss has suggested that i resign my position in an off the record conversation before they start proceeedings against me to dismiss me from my position. there have been a number of issues recently that we have come to arguments about including time spent in the office, report writing! i am a field based sales manager and am constantly getting challenged by my boss to provide up to date reports, they expect me to come into the office very regularly and be there at 8.30 in the morning when i live 3 hours away from the office and then not leave until leaving time either 5pm mon to thurs or 4pm on a friday. we had an issue with one large order for 70 grand which has gone very wrong from start to finish with some of the responsibility lying on my shoulders however i get the impression that they are trying to lay all the blame at my door now! where do i stand?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

i have been there for 1 year and 3 months

Expert:  Ben Jones replied 2 years ago.
The main issue you would face here is that 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 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.). If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice. So if you do not resign, the employer could legally go ahead and dismiss you anyway and you would not be able to challenge it because of your length of service. You therefore need to consider whether it would be best to resign and try to agree on a good reference from them so that you do not have a dismissal against your name and an inability to get a good reference for a future job. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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