Why do employers want employees to resign rather than be sacked?

J

johnd

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I am writing on behallf ofa friend who along with several workmates was accused of misconduct. One of his workmates was given the option of resigning with one months salary plus holiday pay and was told if he was sacked he would only get holiday pay.

My friend is now in a similar position and needs advice. My position is that he should not resigh, if that is put to him, but let them sack him. What do other people think?
 
Not sure if there is some payment entitlement difference between resigning and being sacked. However two things strike me:

a) the employer might be trying to do your friend a favour as he/she can say they resigned rather than was fired in any future job interview
b) if he/she resigns, they will probably not be able to claim unfair dismissal in any future squabble, although they might be able to claim constructive dismissal.

However it very much depends on whether the case is cut and dried or not, if it is then option a) might be the more charitable opinion to take.
 
Thanks Tallpaul for your reply - that what I thought too -but the employee was also told he would not get a reference so if going for a new job cannot explain why he has no refereence.The employees concerned were involved in a dispute with the company over pay and conditions and the alleged misconduct was a direct result of this dispute.
 
If this was alleged misconduct your friend should get legal advise before making any decision.
P..
 
In my opinion the misconduct on my friend's part is alleged - without going into detail - he was aware of what his workmate was doing but did not take part himself. Neither did the other workmates. Their misconduct was in not informing management of what another worker was doing.
 
I would have thought - depending on how long your friend has worked there - that they can not be sacked for alleged misconduct.

The citizens information website has a good explanation of dismissal procedures: http://www.citizensinformation.ie/e...ncy/dismissal/fair_grounds_for_dismissal.html

If your friend resigns, he/she would need to be sure of getting another job as they won't qualify for a lot of s/w benefits if they leave their job voluntarily.
 
Complaner and PinkBear thanks for your replies - their union is involved. My friend has been informed of a meeting and will contact his union rep. to be with him for that. He's obviously worried because his workmate resigned and they may try to put pressure on him to do the same. Getting legal advice is something he has considered, there seems to be a lot of solicitors specialising in employment law so that is an option if he can find a good solicitor.

He's a young man in his twenties and not very well up in this area, they just got carried away as they saw 'fighting for their rights'
 
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