flag of convenience Posted March 23, 2015 Share Posted March 23, 2015 Worse...can't comment on what they threatened exactly, but they threatened something that they couldn't enforce or initiate as it isn't down to them. At that point legal consultation should have taken place. Do so now and see how far you are able to take it. Good luck. Link to comment Share on other sites More sharing options...
Cal2 Posted March 23, 2015 Share Posted March 23, 2015 you can't tell someone to resign or you'll take disciplinary action - either you take it or not - Good Luck! Link to comment Share on other sites More sharing options...
Quinkla Posted March 23, 2015 Share Posted March 23, 2015 Regardless it is a very bad move to resign voluntarily.It is much easier to take legal action if they have sacked you. This is potentially very bad advice. If you are facing dismissal for conduct or performance issues, voluntary resignation can make it much easier to find another job. Of course, if you are sacked you can fight in the courts or tribunals, but for what benefit? It will eat years of your life, suck you dry emotionally, and you would never want to work for that employer again anyway. Even if they were forced to take you back, would you ever be happy there? By all means seek better compensation in the courts, especially if subjected to harassment on protected grounds. But if not, your later advice of "move on" was much better. Link to comment Share on other sites More sharing options...
Parley Posted March 23, 2015 Share Posted March 23, 2015 No it is very good advice. It is very difficult to prosecute a case for unfair dismissal where you have voluntarily resigned. You have given the advantage to the company. Link to comment Share on other sites More sharing options...
Quinkla Posted March 23, 2015 Share Posted March 23, 2015 No it is very good advice. It is very difficult to prosecute a case for unfair dismissal where you have voluntarily resigned. You have given the advantage to the company. And what is the outcome you are trying to achieve? Link to comment Share on other sites More sharing options...
Parley Posted March 23, 2015 Share Posted March 23, 2015 Financial compensation. Link to comment Share on other sites More sharing options...
Quinkla Posted March 23, 2015 Share Posted March 23, 2015 Financial compensation. The compensation for unfair dismissal will never outweigh the lost potential income you could have got from your next job if only you had not parted from your previous employer on bad terms. Generally, when the opportunity to resign is offered it is done from a sense of compassion. Given that you're sitting at home on the broo with little chance of getting a new job, I would not think you were the best person to be offering career advice. There are others on this site ( @Freckleface and @Marisawright come to mind) who would be able to offer worthwhile advice. Link to comment Share on other sites More sharing options...
Bungo Posted March 23, 2015 Share Posted March 23, 2015 you can't tell someone to resign or you'll take disciplinary action - either you take it or not - Good Luck! I would have thought it fairly common for people to resign rather than face disciplinary action. And the manager only has to pause momentarily to give the person chance to do so. Link to comment Share on other sites More sharing options...
srg73 Posted March 23, 2015 Share Posted March 23, 2015 Sorry to hear of your position but let it be warning to others considering a 457 visa they are very pro employer and pretty much allow them to do as they want. Yes it is very hard work to adapt to the changes in practice, culture etc and to feel included within the team. I guess the best thing is to brush yourself down and start looking for an alternative employer and simply put it down as a bad experience. If your UK employers were happy with you maybe refer back to them and at least ask for constructive references. S Link to comment Share on other sites More sharing options...
Marisawright Posted March 25, 2015 Share Posted March 25, 2015 No it is very good advice. It is very difficult to prosecute a case for unfair dismissal where you have voluntarily resigned. You have given the advantage to the company. You're absolutely right in one sense. Once you've resigned, you can't claim to be unfairly dismissed, and constructive dismissal can be hard to make stick. So the chance of getting justice becomes remote unless you take legal action. However in the real world, fighting unfair dismissal is bound to damage your career. Going to court against your employer is a surefire way to destroy your employability. No matter how justified your actions, most potential employers will take the "no smoke without fire" attitude and be afraid to hire you, lest the same thing happen to them. The same applies, of course, if you resign and then take legal action. Yes, I know, it's sad that standing up for your rights should backfire, and if there was any justice in the world, it wouldn't be the case - but it is. I can fully understand the OP being fired up to get revenge on an unprincipled and bullying company, but doing so could virtually ensure that they'll be heading back to the UK, since her husband could struggle to find another job in the same industry when word gets around. Either way, the loss of income from destroying your career will far outweigh any financial compensation (or sense of temporary satisfaction) you might achieve. That's why so many employees will suck it up and resign (with a good written reference, of course), rather than be a sacrificial lamb. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.