resignation problems (also on citizen advice board)

trishandbubs

Hi

I am hoping someone will be able to help me as my work are being a nightmare. I verbally handed in my notice on 25th september with my assistant manager as manager was on holiday. I have to give 1 month notice as per contract. She advised me that although I need to hand in a letter to leave it until the 2nd october as otherwise it will affect my pay but my last day would be 24th Oct. I handed in my letter on the 1st october and my area manager was in she said that as that was the first time she had seen the letter then my leaving date was 31st. Spoke again with the assistant manager and agreed to work around this. The manager then came back and processed my resignation with the leaving date as 31st oct as agreed.

I was meant to be on holiday this week but that was cancelled last week as aparently i didnt have enough days left. I have looked into this and my old manager has put two days through which I havent been paid for. I have spoken to wages and they have said I need to speak to my manager which I did and she said she would speak to the area manager. They have said that I am entitled to 13 days but i have worked in out at 14 (24 a year /12= 2 per month april-oct =14).

My new work have arranged for me to do training from 23rd-26th so I asked work if I could work the sat/sun/mon to allow me to go on the training I left this in a letter on monday for my manager as she was off. I phoned today for my hours and spoke to the assistant manager and she didnt mention it at all. My manager has just phoned me and shouted at me down the phone that I should have contacted her said I phoned earlier for my hours and didnt know if she had looked at that weeks rota yet. She has said that I cannot work those days as it doesnt suit the needs of the store as they have someone off sick. This is fair enough but they have just trained someone up to be floor manager who will be starting back that week so I cannot see how they can turn around and say they cannot do it.

I am getting so stressed with the way they are treating me, cancelling holidays etc and not willing to be flexible when I have been flexible with them (I work extra hours and dont get paid it or time back as didnt realise I could and been told now that I know you can claim back hours that its too late) I am thinking of going to the doctors and seeing if they could sign me off for the two weeks left of my resignation period but then I wouldnt be able to do my training. I was also thinking of raising a grievance but as the manager and area manager are the problem how do I go about it without making it worse. My husband is saying I should stick up for myself but I dont know what legally I could do.

Any help will be most appreciated thanks

Uncertain

It is possible to be signed off sick from one job but able to do the other. Your doctor would need to make it clear on the fit note. A more obvious example would be somebody with two part time jobs, one manual and the other clerical. A physical injury would obviously prevent only the physical job. This can also happen with stress.

If I remember your previous thread correctly you gave your resignation to an assistant manager but the firm claim it does not start until it get to a particular person? This is nonsense. Notice begins the day after it is served and giving it to the assistant in the manager's absence is perfectly reasonable service. It is their problem, not yours, that they did not "process" it.

Tell them to stuff it and leave on the correct day calculated from the day after you issued notice.

trishandbubs

thanks uncertain yes you remember correctly. I initially agreed to extending my leave as they said they would be flexible so I made a new letter with the new leave date as requested so dont know where I stand legally as I doubt they still have a copy of that letter. Ive not slept properly in days now (due to stress and my dog having to be put down) so think I may need to go to the docs on monday as my head is all over the place

Uncertain

Ok, well see your doctor ASAP as your health is more important than any work issue. If you are signed off sick then whatever the old firm think / say / do becomes somewhat irrelevant.

If your new resignation / date was conditional on them being flexible there there is a good argument that if they have not kept their side of the bargain the position reverts to letter one.