Urgent Advice Needed! Suspension - Breach of confidentiality

B..

ValHaller wrote: »

I dunno. I think if your notice went in on Monday 11:02, it takes effect on Tuesday. So your disciplinary is on Monday which is your last day. You are double booked with employers ....

I would suggest arranging a day late start with the new employer, go into the disciplinary meeting and stall stall stall till going home time and get up and walk out with the process unfinished. That way you are resigned with disciplinary pending rather than dismissed - but you could miss out on being exonerated.

The resignation was dated 08/02 and my partner hand posted it on 10/02, although she would have received it Monday morning. I stated in the letter that my last working day would be tomorrow (15/02). Is this correct? I just assumed it would be mon-fri.

Oh and I'm still suspended so I've not actually been at work for nearly two weeks!

Thanks Acc72, I will do that now. My new employer requested the reference but I think they are waiting to respond to it so they can state 'dismissed' on the reference.

Acc72

B.. wrote: »

Thanks Acc72, I will do that now. My new employer requested the reference but I think they are waiting to respond to it so they can state 'dismissed' on the reference.

Please do - you will get a response from somebody who knows exactly what they are talking about when it comes to employment law.

eg. you resigned after an investigation meeting but before a disciplinary - they therefore should not state dismissed on any reference.

spacey2012

It is your human Rights to receive and impart with information.

ValHaller

B.. wrote: »

The resignation was dated 08/02 and my partner hand posted it on 10/02, although she would have received it Monday morning. I stated in the letter that my last working day would be tomorrow (15/02). Is this correct? I just assumed it would be mon-fri.

I don't know - this is a difficult one. If you had not put in the resignation until after Friday with a Mon to Fri business, I think that your notice would take effect on Tuesday, since Monday would be the first business day on which they could receive it. Now, this may hinge on whether the employer is deemed to be open on Sunday - I rather think that if you might work on a Sunday and someone took the letter from your partner into their hand, then the notice would take effect from Monday. But if it was just deposited into a letter box, I doubt that would hold.

Sommer43

In your resignation letter, did you not state that you wish to terminate your employment from a certain date? If your working week is 5/7 or 6/7 including weekends, then the date of your letter, which it was delivered on the 10/2/2013 should be the date you wish to terminate your employment. The week then runs from that date, as in your working hours. Not a calendar week.


For example:

"I wish to terminate my employment with you with effect from (date) and as per the terms of my contract, I am obliged to give you one week's notice from (date)"

As for the breach of confidentiality accusation, then go through the witness statement with a fine toothcomb and get your facts straight. I have held disciplinary meetings and their should be no bias. You've had three witness statements making allegations against you. If you feel you're not guilty of the misconduct, then you should and have the right to defence against the allegations.

Then the panel make their judgement.

ValHaller

Sommer43 wrote: »

In your resignation letter, did you not state that you wish to terminate your employment from a certain date? If your working week is 5/7 or 6/7 including weekends, then the date of your letter, which it was delivered on the 10/2/2013 should be the date you wish to terminate your employment. The week then runs from that date, as in your working hours. Not a calendar week.

A letter received on the 10th does not take effect until the 11th, giving a leaving date of the last working day before the 18th. But the question here is whether the letter would be deemed recieved on the 10th or 11th

B..

this is what I wrote in my resignation:

8 February 2013

Dear X

As required by my contract of employment, I
hereby give you 1 weeks’ notice of my intention to leave my position as
Administrator, with my last working day being 15 February 2013.

I am assuming that regardless of what dates I've put, it goes from the day of receipt, which will have been monday. Even though the home is open 24/7

Funky_Bold_Ribena

ValHaller wrote: »

A letter received on the 10th does not take effect until the 11th, giving a leaving date of the last working day before the 18th. But the question here is whether the letter would be deemed recieved on the 10th or 11th

It would be the next working day, and the first day of the notice period would be the next day. So if received on the 11th, it would be the 13th that it was officially received, and the first day of notice would be the 14thm with the last working day as next Monday.

ValHaller

Funky_Bold_Ribena wrote: »

It would be the next working day, and the first day of the notice period would be the next day. So if received on the 11th, it would be the 13th that it was officially received, and the first day of notice would be the 14thm with the last working day as next Monday.

Received on Monday 11th, ie put into a manager's hand, it would take effect from the 12th with the 18th being the last working day.

The real issue of contention is that it was delivered on the 10th - the question being whether that was a working day. I would argue that as the establishment was open, it would be a working day for the employer and you could expect to find a manager sufficiently competent to receive the letter. But this too could hinge on whether the letter was actually given to someone or put in the letter box.

pinkshoes

B.. wrote: »

this is what I wrote in my resignation:




I am assuming that regardless of what dates I've put, it goes from the day of receipt, which will have been monday. Even though the home is open 24/7

Your notice runs from the START of the day AFTER you handed it in, so if they received it on Monday, notice period starts Tuesday, so your last day would be the following Monday.


But... if the business is 24/7, and Saturday is a working day and you sent it first class in Friday's post, then surely your notice would start from the Sunday??

(as it would be fair to say that a manager received it Saturday).

On the gov.uk website, it doesn't say that it has to be a 5 day working week...

SO it comes down to what your CONTRACT says. Does it say you have to hand your notice in on a Monday to Friday???

You could make the point that you had to post it as you were not allowed on the premises to hand it in...