Unfair Dismissal or Resign

[S1ue]

Briefly, following an exemplary 30 year career throughout working life at my current employment faced a verbal warning to "improve". Have to work in uncomfortable conditions - noisy reception, phones etc - despite mentioning these to employer, they take no notice. Was also accused of having a disability - its more of an impairment with my hearing and not totally deaf. Have struggled but am one of these people that work hard to make it work. Virtually threatened with dismissal, asked if I can find another job, but difficult in current situation. Very uncomfortable and stressed right now, tribunals are expensive and stressful, and future employers might not employ knowing this, aa long time to wait too - or should I resign keeping my pride in tact.

[EvianBaby]

You should just resign and find something else. You obviously don't enjoy the job and (in the nicest way possible) your employers obviously don't think you're very good at it either. I've been in the same position myself. Sometimes you just have to accept that job isn't for you. Why continue the misery when you could be much happier elsewhere.

[jackthehat]

If you resign, you leave yourself in the position of having to find yourself a new job.
How long have you worked for your current employer?

Tribunals are not necessarily expensive, although they will doubtless be stressful.

[barry1010]

Employment tribunals are free, unless you choose to engage a solicitor to act for you.
http://www.direct.gov...tribunals/DG_10028122

You could resign and claim constructive dismissal. It is important you keep a written record of all occurrences.

[S1ue]

Thank you EvianBaby and JacktheHat - I am very good at what I do but they just don't appreciate how hard I have worked- old fashioned people I guess. You're right, also I am not happy working there (only 19 months) so guess I should move on. Thanks again, much appreciated for your help.

[ladyalex]

No employer should 'accuse' you of having a disability...if you do have a disability, they are obliged to help you with it.

In these economic climes, I would think long and hard before resigning.
As Barry says, you can resign then claim constructive dismissal. Get proper advice from the CAB or ACAS.
http://www.acas.org.u...x.aspx?articleid=1410

[venator]

It's always easier to find another job if you're still working, so I wouldn't resign.

Your employer will be more disposed to give you a good reference as well.

You won't have to explain why you resigned - interviewers don't like to hear you say bad things about a former employer and how he wouldn't listen to all your complaints.

[bednobs]

it's not unfair dismissal as they haven't dismissed you. I don't think it's much good "mentioning" things that hinder your work to your employer - you need to bring them up properly and you and the employer work on making them better. What have they asked you to improve on and do you think you can improve?

[venator]

Likewise, if you have made a claim for unfair dismissal, that prejudices your next job application.

[boxtops]

I wouldn't resign, I'd take advice from ACAS. If you do have a hearing problem, something can be done about that, and your employer is obliged to accommodate that. Could you ask for headphones to use on the phone so the distractions don't impair your hearing callers? - we do.

Is there more to this than meets the eye? If you will tell us, what was the improvement warning about - are they trying to go down the incapacity route (i.e. you're no longer up to the job)? Very hard to prove and you would need to be given a period during which you have to demonstrate improvement, if you have done well in earlier years.

Is this a new manager, new broom trying to change things?

If they sack you, you have every right to go to tribunal.

[Postdog]

There is more pride in being in the right I feel. You resign, you are doing what they want.

[Twenty20]

Why all the talk of constructive dismissal and tribunals?

You've been told you need to improve and given an oral warning. If everyone who's had that went to a tribunal the workforce would grind to a halt!

Also, having a hearing impairment no way makes you automatically disabled. I doubt if they 'accused' you of having a disability, maybe they suggested there was something wrong with your hearing, which you admit there is? Did you actually tell them you had a problem before they found out?

Quite honestly, it would be pointless going to a tribunal based on what you've said here. I think the job doesn't really suit you, for whatever reason. You should start looking around for something more suitable while you're still employed.

In the meantime, at work you could do something positive like asking how you could improve or what could be done to alleviate the problems you are having - do this in a more 'official' way, not just by 'mentioning' these things. It makes it sound like you just said them in passing and not as something to be taken seriously.

[DTCwordfan]

Find a new job and then resign - why take the risk of being unemployed.

As to the disability, you need firm evidence/witness who will come forward on that one.

Keep a handwritten diary/log and write it in pencil......there's a reason for that as it shows no changes have been made, and very useful for any lawyer/tribunal if things deteriorate further