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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44957
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was asked to resign under what I believe to be vague circumstances.

Customer Question

I was asked to resign under what I believe to be vague circumstances.
I was on an email chat and called a colleague a "bimbo" and "clueless Bitch" I was under the impression that the conversation was in a joking manner.
Unknown to me at the time was the fact the colleague I ws chatting to was related through family to the lady I was speaking about.
She told the lady and they the company asked for my resignation. DO I resign or do I have any recourse,
They said they would pay my notice and I could leave with a clean record or they would terminate in 24hours for cause.
What do you advise?
Submitted: 2 years ago.
Category: 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?
JACUSTOMER-twr4dtn9- :

I have worked there 1yr and 4 months

JACUSTOMER-twr4dtn9- :

no 1 yr 3months

JACUSTOMER-twr4dtn9- :

I would have expected a warning letter or something

JACUSTOMER-twr4dtn9- :

they just that they would accept my resignation in 24hrs or they would terminate

JACUSTOMER-twr4dtn9- :

They said if I resigned there would be a clean record

JACUSTOMER-twr4dtn9- :

There is some other less relevant information, regarding the fact that I accused a colleague of being racist in a separate instance and also I was a whistle blower for a senior member of staff who was having an affair with a client. I think they just saw the opportunity to get rid of me and that's what they have done.

JACUSTOMER-twr4dtn9- :

please advise, what do you think is the best way forward

JACUSTOMER-twr4dtn9- :

are there?

JACUSTOMER-twr4dtn9- :

are you there?

Ben Jones : It would be best if you resign because you are not protected against unfair dismissal. This is because you need at least 2 years for that and until then you can be dismissed for more or less any reason and without the employer having to follow a fair procedure, such as issuing warnings etc. if they wanted to they could go straight for dismissal and do not have to justify why they did so. Therefore in the circumstances you do not have grounds to challenge a dismissal and if that is a real possibility but you also have the option to resign with a clean record then you should seriously consider the resignation
Ben Jones : As to the whistleblowing you would need to show that this incident had links to you making a protected disclosure but that could be rather difficult in the circumstances. So unless there is evidence that you can show links the whistleblowing to their decision to try and get rid of you then it may be difficult to pursue it .
Ben Jones :

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

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