Urgent Advice Needed! Suspension - Breach of confidentiality

Sommer43

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

Hi Valhaller

If the OP had written "I wish to terminate my employment from 10/02/2013, the delivery date doesn't come into it.

The fact she dated her letter the 8th doesn't mean a thing. That only means the date the letter was written on that date, therefore they would take her week's notice on the day they received the letter. As you correctly point out. I worded my post clumsily.

Her company could, on the letter OP has written could not open that letter until the 28th (just for example) and take her weeks notice from that.

Sommer43

pinkshoes wrote: »

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.

Yes, without a date stating termination of employment. The weeks notice is a week as in 7 days as this lady (am assuming you are as you are called 'pinkshoes')

Funky_Bold_Ribena

ValHaller wrote: »

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.

Yeah - for some reason I had 2012's February up not 2013. :mad:

Next Monday is still the last working day though.

SarEl is onto this now so hopefully is helping the OP form a response at the meeting next week.

B..

Thanks for all your replies.

I think the best thing for me to do is to go and speak to my new employer and explain the situation. I'm just praying they don't revoke the job offer, otherwise I'll find myself unemployed on Monday.

I'll keep this post updated.

ValHaller

B.. wrote: »

Thanks for all your replies.

I think the best thing for me to do is to go and speak to my new employer and explain the situation. I'm just praying they don't revoke the job offer, otherwise I'll find myself unemployed on Monday.

I'll keep this post updated.

I think you need to prepare your defence in outline and be prepared to show the witness statements to the new employer and defend.

B..

Am I definitely permitted to show the new employer the witness statements whilst there's still an investigation? I wouldn't be in breach of anything?

ValHaller

B.. wrote: »

Am I definitely permitted to show the new employer the witness statements whilst there's still an investigation? I wouldn't be in breach of anything?

I am not too sure on this point - how I would play it is to advise the new employer of the issue as I believe you intend to do. But not show them the statements until and unless a reference comes in which has been influenced by the statements. So if the reference says 'dismissed' or even 'left while under investigation', I would say that the statements are fair game if they tend to prove your case allowing for a touch of malice on the part of anyone making statements. As I see it, it would be all of the statements or none.

dancingfairy

I presume the statements weren't meant to be shown to others outside the organisation? Now, to me that would potentially be a breach of confidentiality. Don't get yourself in a worse mess.
If it were me (this is based on no legal knowledge whatesoever) I would contact your new employer and explain the situation to them. Find out whether they would accept other references, maybe personal references etc. If you feel that you might at some point need a reference from this previous employer then you'll have to fight to clear your name.
I assume the aim is to leave this employment and secure a decent reference if possible. Hopefully lazydaisy or Sarl or Kiki or one of the experts can help with this.
Best of Luck
df
Edit: as Kiki has already kindly posted on this thread you could try and send her a PM and ask her ifshe may be able to help.

ValHaller

dancingfairy wrote: »

I presume the statements weren't meant to be shown to others outside the organisation? Now, to me that would potentially be a breach of confidentiality. Don't get yourself in a worse mess.

If the old employer dismisses and provides a reference to that effect on the basis of these statements, but the statements in fact tend to exonerate the OP, I feel she is 100% entitled to use them to defend herself to a new employer - perhaps passing the documents as a privileged communication. However, if the statements only resulted in a written warning which was not communicated to the new employer, I would tend to agree with you.