Should I Resign? - Paul Doran Law

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Should I Resign?

Even if things are going horribly wrong at work, and you feel forced into a position where you have no choice but to leave… don’t resign!

 Employment Law

Why not? Because you lose a lot of power in future negotiations if you leave your job of your own accord. Why should your employer pay you to leave if you’ve already left? Why should they even reply to your messages when you’re no longer their employee?

If you’re feeling angry, we understand the temptation to resign on the spot. To walk out and never come back. But, if you can bear to work your notice period, it will be easier to make a claim against them later.

Negotiating 

Negotiating a settlement agreement* is a bit of a game. Typically, you will start off by asking for double the amount you really want, so they can feel as though they’ve knocked you down to half the original figure and the final offer is a win:win.

Negotiations work two ways. You want financial compensation from your employer to make up for mistreating you and for the loss of your job. You might also request a reference from them to help you get work in future.

Equally, they might want something from you. Perhaps a promise to keep the agreement secret, or a commitment not to work for a competitor within a certain period of time, or an offer to stay on for a smooth handover with your successor.

When you’re embroiled in negotiations, it’s important that you maintain the high ground. Your employer may have mistreated you, but you need to behave impeccably if you want the best chance of winning.

Our advice is to stay professional. Hide your emotions as much as possible. Don’t openly threaten your employer with court action, or tell them that trust has broken down. Instead, go through the grievance process and appeals process. Be reasonable until you reach agreement. (A specialist solicitor can help you with this.)

In summary

Don’t resign. Take a deep breath. Wait it out. And give us a call to discuss it. We assure you it will work out better for you in the long run.

P.S. No matter when you resign, you must make any tribunal claim within three months of your last date at work. So don’t delay. And don’t let your employer delay you either.

*In Northern Ireland, settlement agreements are still known by their former name of Compromise agreements.

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