Resigned with no notice?

cannyscot_2

Hi

I resigned from a p/t job on Saturday that I have had for 27 years.

I explained to my boss I was very stressed due to the fact that for a year she has hardly spoken to me and has been treating me codly and a little bit oddly. I handed her the keys to the shop and did not indicate I was giving her any notice.


I am too stressed to work with her after resigning so even if I had given her a weeks notice (i am weekly paid-never had a cotract) i would have signed myself off sick.

She has sent a recorded letter stating that she will take me as resigned from last Saturday if she does not hear from me by 9th July. My DH says do nothing but should I not reply to the letter and state again I am stressed and so cant work notice just to keep myself right?


I appreciate any light you can shed on the mattter-Thanks

smileylondongal

Your boss is tying up loose ends by doing what she's done and also covering herself legally.

If you want to go back then yes respond, however I'm not sure you do through your actions? I would, however, say that with these sorts of things when you act outside of your contract of employment (you may not have had an actual contract but you were working there which acts as one in itself) then you lose certain employment rights.

Uncertain

You are presumably entitled to some accrued holiday? The firm will have to pay you for this.

Her letter could be quite useful as sometimes companies try to avoid paying the holiday money in cases like this.

They theoretically could make a claim against you for their losses as a result of you failing to work your notice. Although this is very very rare in normal jobs it is sometimes used as a tit-for-tat threat in an attempt to unlawfully withhold pay.

However, they have accepted your resignation from a particular date so that would seem to blow their chances.

cannyscot_2

Yes my Dh says she is covering herself. I defo dont want to go back and would have only needed to give a weeks notice as Im paid weekly. I am just wondering whether I should write and confirm I amstressed and the reasons for leaving in case she tries to sue me for loss of her profits as it is a hairdressers?

smileylondongal

There's no harm at all in backing yourself up by writing your own letter for closure.

Dealio

Surely if nothing has ever been signed on paper, then no written arrangement has been agreed so she cannot sue for loss of profit? I would be interested to know if this is true because my friend is in the same boat...

Uncertain

smileylondongal wrote: »

There's no harm at all in backing yourself up by writing your own letter for closure.

I wouldn't!

What I would do, if you are concerned and feel that you are not well enough to have worked is to see your doctor. That will get a note on your medical record just in case it is needed.

It is very, very unusual for an employer to sue in such cases. They would have to show that they had taken all reasonable steps to minimise their losses, then deduct what they have saved in your wages and employer's NI. Any half sensible small business would be more concerned about the negative publicity which would far outweigh the value of their claim. Realistically, it is not going to happen.

heretolearn_2

It doesn't matter if there isn't a written contract. In the absence of that, then there are statutory rules that apply. If you have been there 27 years you should really have given her the legal minimum of one weeks notice (employers have notice periods that depend on length of service but employees don't, if anyone thinks that odd). Essentially you have just walked off the job.

I'd just keep quiet and let her take that day you left as your last working day. The alternative is to start trying to argue for your one week notice period, even just as statutory sick pay if you sign yourself off, but I don't think you really want to get into all that.

scheming_gypsy

heretolearn wrote: »

The alternative is to start trying to argue for your one week notice period, even just as statutory sick pay if you sign yourself off, but I don't think you really want to get into all that.

The boss could be covering her back incase something like that happens, but the OP tries to claim one month + notice pay. So if she has confirmation of a weeks notice / leaving then there's no comeback to say the OP is owed a months wages?

cannyscot_2

Thanks, I am owed 4 days holiday but basically I just wanted out . So as long as she cant do anything to me -sue me -then I won't reply as I would rather just forget the whole situation as quickly as possible.

Uncertain wrote: »

I wouldn't!

What I would do, if you are concerned and feel that you are not well enough to have worked is to see your doctor. That will get a note on your medical record just in case it is needed.

It is very, very unusual for an employer to sue in such cases. They would have to show that they had taken all reasonable steps to minimise their losses, then deduct what they have saved in your wages and employer's NI. Any half sensible small business would be more concerned about the negative publicity which would far outweigh the value of their claim. Realistically, it is not going to happen.

Hammyman

cannyscot wrote: »

I defo dont want to go back and would have only needed to give a weeks notice as Im paid weekly.

Err, no. You only had to give a weeks notice if no period was mentioned or the period mentioned in your contract is a week. If your contract of employment stated more than a week, thats what you had to give.

Also be aware that although unlikely, the employer is entitled to sue you for all costs and losses arising out of you walking out of the job, such as the cost of temporary agency staff.