Can your employer refuse your resignation and then dismiss you?!?!

getmore4less

I resigned from my post as nursery manager a few months ago

How many? when did you resign over the phone?

the company was closed to change premises so was not working at this time

When were you due to return to work?

How long had you worked there?

The_Pedant

I think one key piece of information that's missing is a clear timeline.
- When did you resign 'verbally by telephone'?
- When did you send the letter of resignation?
- When did the old employer allegedly notify you of the disciplinary hearing (by recorded post)?
- When was this hearing allegedly supposed to have been held?

zzzLazyDaisy highlights the pertinent point over lack of contract and statutory notice period.
If the date over when they supposedly notified you, or the meeting itself are after the end of the statutory notice period then you would no longer be working for them by virtue of the fact you had already resigned.

zzzLazyDaisy

The_Pedant wrote: »

If the date over when they supposedly notified you, or the meeting itself are after the end of the statutory notice period then you would no longer be working for them by virtue of the fact you had already resigned.

It is even simpler than that. If OP resigned with immediate effect, then the fact that she failed to work her notice does not alter the fact that her employment ended as soon as her decision was communicated to the employer.

So it really hangs on what she wrote in her letter of resignation.

But the real-life problem for OP is the effect that the allegation of a misconduct dismissal might have on her registration. I am not an expert but I would have thought that is very unlikely that leaving her employment without working her notice will affect her registration. However the regulatory body will have to investigate any allegation of misconduct.