30 years service and forced to resign

zzzLazyDaisy

Exactly.

It must have been clear to the employer that they had no reason to dismiss him.

So they put the frighteners on him and bullied him into resigning instead.

No doubt the employer's view is 'no decision, no dismissal, we're home and dry.' :mad:

This is why OP's friend needs to state in his letter that the only reason he resigned was because they made it clear that his choice was 'resign or be sacked', and try to get them to continue with the disciplinary hearing and make their own decision. If they refuse to reinstate him in these circumstances, that is also likely to be considered unfair in law by the tribunal, and negate the resignation, but he MUST act quickly and post the letter straight away, if he hasn't alraedy done so. Time really is of the essence in these cases.

olly300

With regards to the letter the ex-employee should hand deliver it with someone else accompanying him (preferably the OP) then write on the envelope "hand delivered" or send it to the garage by recorded delivery.

He should also put at the end of the letter that he expects a reply to the issues raised within 7 days.

Having had employment trouble before there are lots of tricks employers can use to not answer letters which varies from claiming they haven't received them, to answering them and stating they will answer the issues raised in them in due course.

The last answer is to drag out the issue to prevent the employee going to tribunal by dragging out the issue until the employee runs out of time to submit a case as tribunals are very strict on the time limit. The only time you may get an extension are if you are pregnant and ill, or are sectioned.

In addition if the employer looks like they are dragging out the issue to make sure you run out of time you should submit a tribunal claim anyway with limited facts.

DVardysShadow

You are right, olly. OP's friend needs to set himself a deadline of 28 days to put it to the tribunal, regardless of any delaying tactics by the employer.

olly300

DVardysShadow wrote: »

You are right, olly. OP's friend needs to set himself a deadline of 28 days to put it to the tribunal, regardless of any delaying tactics by the employer.

The only issue with doing so is that ACAS and some union reps advise you not to, forgetting that you can always withdraw claims if you get a proper legally binding settlement or realise after proper legal advice from a lawyer you hire that your claim isn't going anywhere.

zzzLazyDaisy

To be honest at the moment I think the most pressing concern is that he should get the letter off to his former employer, as the quicker he does this, the more likely it is that the employer's refusal to allow him to withdraw his resignation will be viewed as unreasonable by the tribunal (assuming the employer does refuse which seems likely)

The suggestion for personal delivery is a good one, but in my experience many ex-employees are reluctant to visit the employer's premises. However there are two alternatives - the workmate can hand it in for him (on the basis that he will also be willing to give evidence at tribunal, which realistically means that he is likely to have left by then).

OR simply send it by Royal Mail Special Delivery - this guarantees next day delivery, and can be tracked online, and the signature strip printed off. If delivery is refused, this is also noted on-line and printed off.

Re the time limits for tribunal, I always advise people to get the claim in at least two weeks before the cut-off date. The comment about employers delaying with a view to making the employee miss the cut-off date is a very good point (I have personally had several cases thrown out because the employee's solicitor missed the deadline while waiting for a reply from one of my employer clients, so yes it does happen)

N9eav

What if they offer the job back? He would not want to work there anymore after this. Work would be hell... N'est pas?

zzzLazyDaisy

The question is, does he want his job back? He was there 30 years and lost his job over a misunderstanding (okay it was more than that). If it is a large company he will have the right of appeal to someone over the heads of the manager who pulled this stunt, and action should be taken to retrain the manager. If it is a small independent garage, then clearly that isn't going to happen.

But I think the main point is that if he doesn't challenge this, then he has resigned pure and simple. That is how it will be treated by the benefits system, and he will find it difficult to get another job because he is now out of work, and his employer of 30 years is unlikely to give him a decent reference.

If he does challenge the decision, the chances of him being offered his job back are very slim. If he doesn't get his job back he has grounds to challenge the dismissal in tribunal, and ultimately get a written decision - and compensation - that may help him.

If he challenges the decision and gets his job back, it is always open to him to refuse the offer on the grounds that his trust and confidence in the employer has irretrievably broken down. He will be back where he started, with a resignation and no claim against the employer - but he will not be in any worse position than he is now.

Only he can decide what is best for him. I suggest he talks it through with ACAS, so he can get advice on all these questions, and make an informed decision on what to do next. He may also wish to speak to job centre plus about his situation (I don't know much about the benefits side of things, but you could go over to the benefits board for more info)

katfishh

The guy has a cause for 'Constructive dismissal and maybe a claim under the new 'Age discrimnation laws' (you say new owner didnt like the 'older' guys).

Dont wast any time as you have to claim within a specific period after the dismissal. See a legal advisor as soon as possible and make a claim through an industrial tribunal.

olias

Just a bump for the OP to ask if he could post an update as and when there is any result as I think a lot of us would be interested in how this thing resolves.

Olias

N9eav

I am trying to get the neighbour to pursue this. Part of him does not want the aggravation and worry of fighting a case..... I will keep on talking....