Resignation Issue

omen666

Hi Guys, have a slight problem I need advice on.

Been working for a company for 7 months and Permanent.

Last week I failed to call in on a day off and again this week I have been off but been in contact with the office. There was a discussion that I would get a verbal/written warning for not following protocol and going AWOL as it were.

I am not happy working there and also moving away from the area at the end of the month. They were going to facilitate a internal transfer but this is for a role that I do not want, the same role I have now, but I am qualified for a role two levels higher. They also not going to pay London weighting on the transferred role.

I therefore on the 5th October handed in my resignation. On the 6th they accepted that resignation and said I could work my notice period. I replied saying I would be prepared to work my notice.

Last night via my work email they sent the following:

The notice period is four weeks (I have attached this for your viewing). This would mean your final day of work would be Friday 4th November.

****** whilst working your notice if you fail to arrive for your shift then you will be in breach of contract and will receive no further payment from the company.

We will discuss your reason for not coming in today (6th October ) in the morning at your due start time of 8am.

Regards,

Now I have only just read this email an hour ago, so did not know what their response to my resignation would be and did not check to see if there were any emails. I have not gone in today so they would basically say I breached the above.

I have just emailed them on company email to say I have just read the email and will be in Monday morning to work my notice.



So what happens now. Can the company just not pay me? Surely they could have notified me better that I was due in to work my notice rather than a email I may have not picked up, which is what has happened. I also have 14.5 days holiday left until xmas but have been off for 7 days now.

scheming_gypsy

Not sure if it's just me but it's a bit confusing.

You didn't go in on your day off and after handing your notice in and telling them you'll work your notice, you didn't go in yesterday or today? were you supposed to be working those days?

SarEl

Were you supposed to be in work today?

SarEl

scheming_gypsy wrote: »

Not sure if it's just me but it's a bit confusing.

You didn't go in on your day off and after handing your notice in and telling them you'll work your notice, you didn't go in yesterday or today? were you supposed to be working those days?

It isn't just you!!!

LizD_2

These 'days off' - are they holiday or sick leave? Why did you not go in on the 6th?

If your employers policy is that you call in for unexpected absence, then technically, you've breached the terms of the contract and could be subject to disciplinary procedures.

As to whether they can refuse to pay you, you'd need to check with a legal advisor. Try ACAS or Citizens Advice.

Uncertain

omen666 wrote: »

So what happens now. Can the company just not pay me? Surely they could have notified me better that I was due in to work my notice rather than a email I may have not picked up, which is what has happened. I also have 14.5 days holiday left until xmas but have been off for 7 days now.

No they can't.

The could possibly dismiss you for gross misconduct in which case you wouldn't be entitled to notice or payment in lieu but even then they would have to pay you for any outstanding holiday.

I would suggest trying to have a discussion with them. You clearly don't want to be there and they must realise that forcing you to work is of little value. There must be room for come kind of compromise.

omen666

Apologies. I had last Wednesday and Thursday booked as annual leave.
Friday - Did not go in and did not follow notification Process.
Monday - text to say I wont be in as nephew in hospital over weekend ( MECP2 Syndrome and had Pneumonia hich is life threatening for him)
Tuesday 4th Oct - Text to say would be at hospital all day
Wednesday 5th Oct- Did not go in and follow notification process
Thursday 6th Oct - Did not go in and follow process. Received above email yesterday but read it today. was awaiting their response

This is a big national company in the field I work in not a local company

omen666

Uncertain wrote: »

No they can't.

The could possibly dismiss you for gross misconduct in which case you wouldn't be entitled to notice or payment in lieu but even then they would have to pay you for any outstanding holiday.

I would suggest trying to have a discussion with them. You clearly don't want to be there and they must realise that forcing you to work is of little value. There must be room for come kind of compromise.

More concerned with last months pay of September which I worked a full month and also 90 hours overtime, dont want them taking that off of me as this is facilitating my move back to London

Uncertain

omen666 wrote: »

Apologies. I had last Wednesday and Thursday booked as annual leave.
Friday - Did not go in and did not follow notification Process.
Monday - text to say I wont be in as nephew in hospital over weekend ( MECP2 Syndrome and had Pneumonia hich is life threatening for him)
Tuesday 4th Oct - Text to say would be at hospital all day
Wednesday 5th Oct- Did not go in and follow notification process
Thursday 6th Oct - Did not go in and follow process. Received above email yesterday but read it today. was awaiting their response

This is a big national company in the field I work in not a local company

Is this nephew a dependant relative?

You have a legal right to "short" periods of unpaid leave to deal with family emergencies but the law doesn't define short or what constitutes an emergency.

Equally in a genuine high stress situation it may be appropriate to take sick leave and a doctor will sometimes issue a certificate.

However, I suspect this situation may not quite fit either of these in which case you are arguably just absent without leave.

If you think sick leave was appropriate you should still have let them know. If this really is the case I would see your doctor ASAP.

Uncertain

omen666 wrote: »

More concerned with last months pay of September which I worked a full month and also 90 hours overtime, dont want them taking that off of me as this is facilitating my move back to London

They cannot legally do that.

If you fail to honour your contract they could, in theory, make a claim against you for any unavoidable losses they suffer (after deducting what they save in your wages). However they cannot lawfully withhold payment for any work you have done of for any holiday owed.

That doesn't mean they won't try and this could easily turn into a "if you sue us, we'll sue you type situation" which is best avoided.

omen666

Yes he is a dependant as there is only my sister and him and she suffers from downs. It has bee a bit much and just really shown in the break of a few days that i dont want to go back but will willingingly go to work my notice as I do not want to forsake any pay.

It does not excuse my day off last Friday though nor Wednesday or Thursday this week as he was discharged (although we are not happy about it, our local hospital likes to get people out as soon as possible, my nephew is in 10+ times a year so we know what they are like).