No problem. So the main issue for you here is your length of service. 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 a reason which makes a dismissal automatically unfair. These include:
· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
· Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
· Making a protected disclosure (i.e. whistleblowing)
· Being a part-time worker
However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct). 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 taking the above into account I can answer your questions follows:
1. I have 3 months notice. If I do resign, will that be paid still?
As long as you are ready and willing to work it, then yes. The employer could ask you to work it as normal, they can terminate you immediately and pay you in lieu of notice or they can place you on garden leave
2. Can he give me notice without cause?
Yes they can, mainly because you cannot challenge the reasons for dismissal (or lack thereof)
3. Must the firm provide a favourable or neutral reference?
No, there is no legal obligation to provide any reference at all
4. If I do resign, will that harm any future process?
Impossible to say really and it depends on the employer’s intentions. I would hope that if you resign they would not waste their time in pursuing any performance proceedings and will just let you go on your way
5. Given the failure to meet formal targets, but a potential unfair process, do I have any leverage/a case to take further legal advice?
Not really, as mentioned they do not have to follow a fair process, or any process at all and whilst this may appear unfair, but legally it is not forbidden.
I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you