# Resign or termination



## Shakti (18 Jun 2013)

Quick question, I'm coming to the end of a 6 month probation period, which has turned out differently to what I'd expected. I can't commit to the terms of the permanent contract, so we've mutually decided I'll end this employment at the end of 6 months, I'm happy with that. They've asked for a letter of resignation from me, but I'm afraid if I resign, I won't be eligible for SW, but if I DON'T resign they'll terminate the contract anyway & look bad for future employment. I want to ask can we just say it was a 6 month contract, end of, but not sure how HR will respond? I have a business idea I want to work on next, so might look for SW support, or else part-time morning work till IMO and running, just don't want to make any wrong moves at this point which could scupper one or the other...

Grateful for any advice!


Shakti.


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## Time (18 Jun 2013)

Is it a fixed contract i.e. 6 months. If it is simply do nothing just allow it to expire.


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## Shakti (18 Jun 2013)

Thanks for your reply! No it's a permanent contract with a 6 month probation period...


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## Time (18 Jun 2013)

Either way you are likely to be disqualified for 9 weeks from SW.


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## Shakti (18 Jun 2013)

Does that still apply to a non-voluntary termination?


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## Time (18 Jun 2013)

What happens is that SW will ask the employer as to why you were terminated. Generally they will side with the employer resulting in the 9 week ban.

You will need a letter saying that they have no work for you and you are leaving by mutual consent.


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## Shakti (18 Jun 2013)

Ah ok thanks. In this situation the position requires on-call night-time cover which I cannot provide as I am a single mother with a primary-school age child, so would need a live-in childminder, which is just not feasible. Would that be taken into consideration do you think?


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## Shakti (18 Jun 2013)

I mean by SW, ie it's just not possible for me to do night time work without good notice, and that's the reason my contract is not continuing...


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## Jim2007 (18 Jun 2013)

Shakti said:


> I want to ask can we just say it was a 6 month contract, end of, but not sure how HR will respond?



Do not ask other people to lie or break the law for you, it is a very good way to ensure that you'll get a bad reference from them!


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## Black Sheep (18 Jun 2013)

Yes SW will check with employer if there is no genuine reason for termination of employment. Why not ask your employer to state the real reason. No childcare available for night time call out.

This position is only suited to singles (no children) or couples whose spouse/partner can do the childcare during night calls


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## mathepac (18 Jun 2013)

I find it odd that the on-call requirement wasn't discussed earlier in the process and is only surfacing now. It sounds like the job you were on probation for and the job you are being offered require different time commitments and thus are actually different jobs.


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## Shakti (21 Jun 2013)

Thanks all! Yes at the time of interview the on-call requirement was much less, and planned well in advance so I could manage it. Now it has increased and is at short notice, so I just can't. It's a bit of a stalemate because that's the only part I can't do, but it's crucial to the role. I hadn't realised I could potentially been asking to break the law- phew!! Yes I guess I was panicking, I've applied for a few jobs no so hopefully will avoid SW anyway, but I just got suddenly terrified in case I'd find myself jobless with child & mortgage & no reference or SW! 

Anyway, breeathe, it will all be fine- there are other jobs out there... Thanks all!

Shakti.


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## Shakti (21 Jun 2013)

mathepac said:


> I find it odd that the on-call requirement wasn't discussed earlier in the process and is only surfacing now. It sounds like the job you were on probation for and the job you are being offered require different time commitments and thus are actually different jobs.


 
Yes that's true Mathepac, do you think this could work to my advantage? I can see my employers point, but I do feel it leaves me in an unfair situation, given that I was very clear about my personal circumstances before I commenced employment with them...


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## dereko1969 (21 Jun 2013)

Shakti said:


> Yes that's true Mathepac, do you think this could work to my advantage? I can see my employers point, but I do feel it leaves me in an unfair situation, given that I was very clear about my personal circumstances before I commenced employment with them...


 
I would think SW would have to take the change in working hours/increase in on-call into account in determining whether or not to refuse JSB for a number of weeks.


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