Resigning – when is the best time?
Every case is different, but generally it is important not to resign too early or too late. The best way of knowing for sure when to resign is by sitting down with an expert adviser. To find out how to arrange this, see our Representation page. To learn more about resigning, read on…
If things get really tough you think well if that s the way they re going treat me I am going to resign in protest and claim constructive dismissal. Often this is not the best approach to a swift compromise agreement however.
What happens, for example, if they let you resign? Do you really want to go to an employment tribunal? You are more likely to be offered a compromise agreement when you are actually still employed, because you are more of a thorn in their side. Similarly, you re still on the payroll. So while its unlikely that you ll be doing any productive work, they are still obliged to pay you. Effectively that s a waste of money for them.
A further waste of money and time for the employer is having to jump through all the hoops of a formal grievance process. Not to mention all of the stress which this causes the managers and HR personnel involved and the effect that such a matter could have on the rest of the workforce, dragging everybody else into the dispute.
So you can see why all of this points to the employer being more keen to opt for a quick exit, and the quickest way for them to do that is by offering you a decent compromise agreement. When that happens you can cooly tell them to send you an email with the offer, or even hand them your representative’s business card.
Of course, there are many situations where it is very important that you DO resign. These are the constructive dismissal scenarios whereby the employer has treated you so badly that ou have no choice but to resign and claim constructive dismissal (whilst negotiating a compromise agreement at the same time). If you continue working when you should really have resigned, or if you delay resigning too long, a tribunal will find that you have ‘affirmed’ the contract by continuing, and thereby waived your right to claim constructive dismissal. So, timing is everything.
Armed with some tailored advice, you will not only know when to resign and when to not even think about it, but your employer will also suddenly sit up and take notice when they realise you have called in professional help. Have a look at the Employee Experiences to see how others in your situation were helped on their journey. If you want to discuss when to resign, or any other compromise agreement query, email us on info@compromiseagree.com, call us on 0800 533 5134 or 07758 263970, or send a message in the box to the right.
