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Should I quit or wait to be fired?

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Original post by Michaelj
You can get a reference and I think by law they can't give a bad reference. But realistically speaking if you quit or get fired WOULD you ask for one? I think you should stick with this job for 3 weeks and look for a new one in the mean time. That way you have incoming funds for a while.

Btw, do you mean going on shift with your coat and bag? Because if you get fired for that then it's a retarded reason and they're prob looking for reasons to fire people..


Yeah with my coat and bag, its a pretty big company i guess they probably are :/
dont quit! if they fire you for that take them to a tribunal and youll win unfair dismissal hands down.
Reply 22
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Michaelj
10
Yeah, unfair dismissal is quite common. I think by law they're supposed to give you "warnings" and can't just outright fire you. Unless it's severe like bullying or racism but bringing your coat on shift? Retarded! Stick with your job and if you get fired take them to court.
Original post by J1994D
dont quit! if they fire you for that take them to a tribunal and youll win unfair dismissal hands down.


how? is that like an appeal or something outside of the company?
Original post by Michaelj
Yeah, unfair dismissal is quite common. I think by law they're supposed to give you "warnings" and can't just outright fire you. Unless it's severe like bullying or racism but bringing your coat on shift? Retarded! Stick with your job and if you get fired take them to court.


But won't they just say that it 'says it in the handbook'? i think they've put up posters or something saying that now too but yeah I just dunno
Reply 25
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Michaelj
10
Original post by gupta-mhm-mhm-mhm
But won't they just say that it 'says it in the handbook'? i think they've put up posters or something saying that now too but yeah I just dunno


They should still issue warnings before firing. And just because its in the handbook doesn't give them rights to firing people for daft reasons.
Original post by Michaelj
They should still issue warnings before firing. And just because its in the handbook doesn't give them rights to firing people for daft reasons.


Ok they didn't really do the 'one more chance and you're fired' they just said it was going onto the (first talk dunno what its called) then after that thing they said about doing the hearing or something, urghh so much bother -.-
Original post by gupta-mhm-mhm-mhm
how? is that like an appeal or something outside of the company?


its outside the company and is like a court hearing. you can go by a company specific for unfair dismissal, cant remember which but my brother did it. jsut because something is in a handbook doesnt mean they can fire you, if i said sneezing was in the handbook and fired you it wouldnt be fair would it? hear about the guy who gave his friend a free slice of cheese in a burger at mcdonalds who was fired? he won in court. any judge in his right mind would go in your favour, wearing a coat and a bag to clock in is not a fireable offence.
Original post by J1994D
its outside the company and is like a court hearing. you can go by a company specific for unfair dismissal, cant remember which but my brother did it. jsut because something is in a handbook doesnt mean they can fire you, if i said sneezing was in the handbook and fired you it wouldnt be fair would it? hear about the guy who gave his friend a free slice of cheese in a burger at mcdonalds who was fired? he won in court. any judge in his right mind would go in your favour, wearing a coat and a bag to clock in is not a fireable offence.


ok so i should go to this hearing and if they fire me do I tell them I want to take it to a tribunal? or before?
or whilst in the meeting (before being fired) should I tell them that firing me for clocking in with my coat and bag is not a fireable offence (even though they class it as gross misconduct?)
I find it hard to imagine they'll sack you for being late one time. It's just probably some HR thing were they treat you like a child and tell you off. Unless there's things you're not telling us about, I don't think you have anything to worry about. What sort of job do you do?

If you're sacked for gross misconduct, it will go down on your reference. While it's true companies aren't allowed to give bad references, they can still give 'good' references that do the same thing. If you've been a good employee, your reference will be half a page, if you've been bad it'll be the bare minimum.
Original post by gupta-mhm-mhm-mhm
ok so i should go to this hearing and if they fire me do I tell them I want to take it to a tribunal? or before?
or whilst in the meeting (before being fired) should I tell them that firing me for clocking in with my coat and bag is not a fireable offence (even though they class it as gross misconduct?)


go to the hearing and state your case, say you dont think simply clocking in wearing certain clothing items is classed as gross misconduct (Especially first time with no priot warnings) if you get fired then you can go to tribunal (visit Acas.org.uk for info about tribunal and unfair dismissal) i assume you havnt just started and arnt in a probation period btw. if you havnt been there a year or are in a probation period i dont think you can go to a tribunal. if you are fired ask for written confirmation to the reasons behind your dismissal.
Original post by gupta-mhm-mhm-mhm
ok so i should go to this hearing and if they fire me do I tell them I want to take it to a tribunal? or before?
or whilst in the meeting (before being fired) should I tell them that firing me for clocking in with my coat and bag is not a fireable offence (even though they class it as gross misconduct?)


No and No.

Have you talked about this with your colleagues? What do they say?
Original post by Izzyeviel
I find it hard to imagine they'll sack you for being late one time. It's just probably some HR thing were they treat you like a child and tell you off. Unless there's things you're not telling us about, I don't think you have anything to worry about. What sort of job do you do?

If you're sacked for gross misconduct, it will go down on your reference. While it's true companies aren't allowed to give bad references, they can still give 'good' references that do the same thing. If you've been a good employee, your reference will be half a page, if you've been bad it'll be the bare minimum.


Its not because I was late it was because i clocked in with my belongings (read the first posts) so even though that was gross misconduct how would the reference look or would it just be a phone thing, I am/was a good employee and its just this small thing
Original post by J1994D
go to the hearing and state your case, say you dont think simply clocking in wearing certain clothing items is classed as gross misconduct (Especially first time with no priot warnings) if you get fired then you can go to tribunal (visit Acas.org.uk for info about tribunal and unfair dismissal) i assume you havnt just started and arnt in a probation period btw. if you havnt been there a year or are in a probation period i dont think you can go to a tribunal. if you are fired ask for written confirmation to the reasons behind your dismissal.


they say it is for us which is annoying, i think its because its such a big company.. just finished probation a month or so ago and passed..
Reply 34
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Trigger
18
Sounds like the first thing you need to do is read your handbook and understand what the process is you are going through. Like someone else said, either way if you quit or get fired there is no reference to be had, no they can't give you a bad one but they will be asked if you have gone through any disciplinary procedure and they can refuse to give you a reference which is just as bad. I think you should go to the hearing, plead your case and if they fire you, you are just going to have to take it on the chin and make sure you know the rules next time. It seems pretty unfair to be that harsh but you agreed to their rules when you signed your contract.

Good luck.
Original post by Izzyeviel
No and No.

Have you talked about this with your colleagues? What do they say?


talked to a colleague in same situation who is taking a lawyer with them to the hearing, not sure if i should or not?
Original post by gupta-mhm-mhm-mhm
they say it is for us which is annoying, i think its because its such a big company.. just finished probation a month or so ago and passed..


how long have you been there in total? if its under a year (which i think it is if youve just finished probabtion) then you cant go to tribunal, so plead your case when they talk to you! utter joke if you get fired, probably just a warning.
Original post by Trigger
Sounds like the first thing you need to do is read your handbook and understand what the process is you are going through. Like someone else said, either way if you quit or get fired there is no reference to be had, no they can't give you a bad one but they will be asked if you have gone through any disciplinary procedure and they can refuse to give you a reference which is just as bad. I think you should go to the hearing, plead your case and if they fire you, you are just going to have to take it on the chin and make sure you know the rules next time. It seems pretty unfair to be that harsh but you agreed to their rules when you signed your contract.

Good luck.


Ok so when/if I quit and ask for a reference they will ask me about going through disciplinaries?
If I don't have a reference after quitting and apply for another job but put this job as experience will they mind about not having a reference because I quit?
Original post by J1994D
how long have you been there in total? if its under a year (which i think it is if youve just finished probabtion) then you cant go to tribunal, so plead your case when they talk to you! utter joke if you get fired, probably just a warning.


Yeah just over 4 months, ok yeah I hope so (although I don't think they'd have any concerns about firing me/finding other applicants)
Original post by gupta-mhm-mhm-mhm
They don't give references if you quit? I thought they did :/ so if i quit then what happens when i apply for another job if I wanted to put them down as a reference?


They can still give references if you quit.

Do you think they would wait a few weeks at the disciplinary hearing before firing you?

Also, if you're apart of a Union, take in a representative with you, you are allowed one.

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