I have been threatened with dismissal following disciplinary action but have been given the option of resigning. What should I do?

If you resign under threat of dismissal, you may be found by an employment tribunal to have been dismissed by your employer. In such a situation you could still pursue a claim against your employer for unfair dismissal.

However this issue is very rarely clear cut, and an employer faced with defending a claim for unfair dismissal will probably argue vigorously that you were not dismissed, and that instead you left voluntarily. If a tribunal agrees with the employer, your unfair dismissal claim will fail.

If you decide not to resign, this will at least place the responsibility on your employer to act fairly and to have reasonable grounds for your dismissal.

Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.