Told to not come back!!

hafe4k

Thanks for ur replys ....
So far the first letter was as 'Burny Sweetwater Glasgow' said simply to say she was being reasonable, giving advance warning if wanting her to leave legally you will have to pay. She then immediately got a reply saying '.... after speaking to ACAS directly, you are entitled to two weeks notice. You do not have a written contract; therefore a statutory notice period applies ..... 20/3/09, in which you were given a 2 week notice of termination'

The final letter she wrote on 27th March was:

This follows our telephone conversation of date, and our exchange of letters of date.

On date, I provided you with advance warning of my intention to resign my position following my planned marriage in August. However, on date, manager and manager told me that I should not return to work from date. Following my letter of date clarifying my situation, yours of date tells me that I have been "given a two week notice of termination" as of date.

I do not understand why this has come about and therefore I ask you to reconsider your decision. If not, I require you to provide, in writing and without delay, full details of the reason for termination of my employment, including details of all disciplinary or redundancy procedures that have so far been followed and any opportunity for further appeal that may still be open to me.

So it has been a month she has sent it 3 time asking for this information but no reply whatsoever. Does this mean it is ok to start proceedings with the ET?

jobbingmusician

The only weakness I can see in an ET application is that she has only dealt with one person in the company. The ET requirement to have raised a grievance is presumably designed to protect employers to an extent, so that if you get a mad manager (as this one seems to be) the employer has done everything possible to bring this to the attention of the company at the highest level possible before resorting to tribunal action. Hence my advice to raise a formal grievance and take this as high as possible.

PS There is now a requirement for companies to have a grievance procedure. http://www.acas.org.uk/index.aspx?articleid=1670

hafe4k

All the letters were written to the main person in charge, not to the managers who called her to the office. The main (overall) manager in charge hardly comes in and my sister said anything which needs changing or adjusting goes through him to be accepted.

What would you adivce for your next step? She has waited over a month for a reply to the second letter.

Thanks for ur help in advance.

hafe4k

P.S. Will she be able to claim back her last months pay, because the month of March which she worked she has still not been paid.

jobbingmusician

I'm glad that she has spoken to the person at the top, but feel that she still needs to send a letter headed 'Formal Grievance'. If you have a board of governors this letter should be sent to them, with copies of previous correspondence.

If there is no-one except the person she's already written to, she should write to that person (letter headed FORMAL GRIEVANCE, as before) asking for a copy of the company's grievance procedure and saying that she wants to raise a grievance about the way she has been treated and the fact that her correspondence has not been dealt with, stating that she expects a reply to this letter within 5 working days. That will ensure that when the tribunal asks 'did you raise a grievance' the answer is a resounding YES. And the employer will have no grounds for pretending that they did not know a grievance had been raised.

She has 3 months from the date of dismissal to raise an ET, so it is possible that if the company replies with a grievance procedure, she might have to raise the ET before the Gr Proc is exhausted, but this will not present a problem.

And in answer to your other question - yes, OF COURSE she should include a claim for unpaid wages, and interest on these wages!

You should include in your grievance the fact that she has not been paid for March yet, and claim for any charges such as overdraft charges arising from this.

hafe4k

Thanks alot jobbingmusician, hope not being cheeky but as with the other 2 letters any help with the letter please.

jobbingmusician

Quick draft....

Dear xxx

FORMAL GRIEVANCE

On (date) I told my manager that I am getting married on (date) and would be leaving the company later this year.

On (date) my manager told me that someone else had been found to cover my duties, and my employment would cease on (date).

I wrote to ask on what basis my employment was being terminated. The post is clearly not redundant, and I have not been made aware of any disciplinary process. This letter has not been answered.

This letter constitutes a formal grievance against both (manager) and (senior manager). The grievance is on 3 grounds to date

- I have been told not to come to work, and told that I will not be paid if I do come to work, but the basis of my termination has not been explained to me.

- My correspondence requesting reasons for my alleged termination has not been answered.

- I have not been paid for the work I did for the organisation in March, which has led me into serious financial problems.

I would be grateful to receive a copy of the company’s grievance procedure within 5 working days of the date of this letter, together with an answer to my previous correspondence.

Yours sincerely

Burny_Sweetwater_Glasgow

Hafe4k,
Follow the musicians advice. I know it must be frustrating but unfortunately most of these issues take time caused by delays on the employers part. You won't go wrong by taking the advice given, it will stand you in good stead at any tribunal to show that all attempts to resolve this were exhausted by the employee and show that the employer failed miserably yet again to follow the correct procedures.

hafe4k

Thnxs alot, u gr8 ....
Will post it special delivery tomorrow and will update you with response when & if given ....

jobbingmusician

Just to say that I didn't say above - enclose a copy of the letters you sent previously. (Not vital, if this message doesn't get to you in time, but good practice)