Employer is now saying that he didn't dismiss me

mollyfuzz

I have a problem.

I was unfairly dismissed from work being told that I had left in mutual agreement. After an incident at work I took 2 weeks off for stress (first 2 weeks of April). On April 17th I had a meeting that wasn't formal and they refused to let me return. Again on April 21st I was refused to be allowed back to work, I was also told that I'd left in mutual agreement (this was over the phone). I wrote my grievance letter in early May asking a number of questions including the reason for my dismissal. They have written back saying that they hadn't dismissed me. They also claim that I decided to take sometime off to think about my future (I have no other job or income and have been living off benefits and food vouchers) and that they had been unable to contact me since early April. I have proof in my phone statement that I had been in contact with them throughout most of April. What can I do about this? How can I prove that they dismissed me and that their claim in the letter to me isn't true!

Horseunderwater

Get in touch with ACAS - they should be able to give you any relevant info and help you need. No you do not need to be in a union to get their advice.

SueC_2

mollyfuzz wrote: »

I have a problem.

I was unfairly dismissed from work being told that I had left in mutual agreement. After an incident at work I took 2 weeks off for stress (first 2 weeks of April). On April 17th I had a meeting that wasn't formal and they refused to let me return. Again on April 21st I was refused to be allowed back to work, I was also told that I'd left in mutual agreement (this was over the phone). I wrote my grievance letter in early May asking a number of questions including the reason for my dismissal. They have written back saying that they hadn't dismissed me. They also claim that I decided to take sometime off to think about my future (I have no other job or income and have been living off benefits and food vouchers) and that they had been unable to contact me since early April. I have proof in my phone statement that I had been in contact with them throughout most of April. What can I do about this? How can I prove that they dismissed me and that their claim in the letter to me isn't true!

If they haven't dismissed you, and you haven't taken some time off to think about the future, assume it's all been a nasty misunderstanding, turn up for work tomorrow morning as usual, and put it all behind you.

marybelle01

SueC wrote: »

If they haven't dismissed you, and you haven't taken some time off to think about the future, assume it's all been a nasty misunderstanding, turn up for work tomorrow morning as usual, and put it all behind you.

I agree. Turn up and see what they do.

But isn't there more to it than this? Employers don't usually just refuse to allow someone to return to work after two weeks off and then fabricate a resignation etc. It seems a very extreme approach! And I note that you were off with stress? I sense there is more to the story. You'll get better advice if there is more and you tell all.

ohreally

mollyfuzz wrote: »

They also claim that I decided to take sometime off to think about my future (I have no other job or income and have been living off benefits and food vouchers) and that they had been unable to contact me since early April. I have proof in my phone statement that I had been in contact with them throughout most of April. What can I do about this? How can I prove that they dismissed me and that their claim in the letter to me isn't true!

You making contact with them is not the same thing as they making contact with you - its possible for them to argue that you were uncontactable.

You should provide further detail to the background of the situation.

Emmzi

you say food vouchers - are you in america?

kingfisherblue

Emmzi wrote: »

you say food vouchers - are you in america?

I was just wondering that. If that is the case, then it could make a difference to answers for the OP.

ohreally

Food vouchers http://www.bbc.co.uk/news/uk-12023054

Emmzi

ohreally wrote: »

Food vouchers http://www.bbc.co.uk/news/uk-12023054

live and learn. In a massively depressing way.

Emmzi

1. how long had you worked there for
2. did you send in doctors notes for the entire period from beginning of April to now
3. What letters do you have from your employer?
4. were you employed directly or through an agency
5. given the job seemed to be causing you stress, what outcome are you looking for?

Debt_Free_Chick

This is potentially messy! There is no evidence of leaving by "mutual agreement" - that would be evidenced by a Compromise Agreement.

There seems to be no evidence that the employee resigned - no resignation letter.

And no evidence of dismissal - no letter from the employer!

I agree, that you should turn up for work and see what happens, as that will demonstrate that you have not simply left. If you don't turn up for work then it might appear to a Tribunal (if it gets that far) that you simply left without formally resigning.

See what happens then post back here - but see what others suggest, too.