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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48511
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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. I am being pressured to resign by my CEO from a role

Customer Question

Hello. I am being pressured to resign by my CEO from a role as director and the threat he is using is dismissal as a result of perceived bullying case last year. The case was a clumsy attempt to help the employee who resigned 9 months later without citing the matter or contacting HR about it, and it has just been investigated by the chairman and concluded no action to be taken against me.
However the CEO (citing shareholder pressure of which he is majority) is threatening to still use it for a gross misconduct case, really because he has decided to cut my role from the board and save costs, and is pressuring me to resign under his tight timetable on only my contractual notice and no settlement.
The issue is I have only 15 months service and so am not able to go for unfair dismissal. So does he have all the cards or could I resist? Thanks
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. What is your contractual notice period?
JACUSTOMER-b2lg27xi- :

6 months, being offered as one month worked 2 months garden leave and 3 months pilon

Ben Jones : I’m afraid your service is what will let you down here. 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 or constructive dismissal. This means that your employer can dismiss you or force you to resign 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.).They could ask you to resign first and no one can actually force you to do so, but if you refuse to resign then they can simply issue you with notice of dismissal and terminate your employment anyway. So one way or another they can remove you from the business without you being able to challenge it. The only difference is whether you resigned or were dismissed. If you leave voluntarily then you could try and negotiate a positive reference as part of the deal, but if you are forced out and dismissed the employer could refuse to provide a reference in the future, so bear that in mind.
JACUSTOMER-b2lg27xi- :

Ok, That backs up what I understood about unfair dismissal but done they have to have solid grounds for dismissal? Or can they dismiss me without having to prove the bullying matter reasonably?

Ben Jones : Hi sorry my connexion dropped last night. There is unfortunately no requirement to prove anything if they wanted to dismiss. They can dismiss for no reason at all, it can be based on a rumour, on false information etc. the requirement to provide a fair reason for dismissal only applies once you have 2 years service and until then they are free to dismiss for more or less any reason and without having to justify it. Hope this clarifies things for you?
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