How do you stand if you leave a job?

bugsy2009

How do you stand with an employer if you leave a job but signed a contract with a notice to work out?
Basically i work for a contract firm and a customer cancelled stating issues with my work. I was offered a written warning (without knowing what the issues were as the employer had not contacted the customer to find out) or asked if I wanted to leave it(the job).
After not replying to that the employer then went on to make out that another customer wasnt happy with my work(no evidence of this and different impression from customer) and again asked if i wanted to leave.
I decided then non of it was worth it and said i would leave to which employer asked me to drop the stuff off(equipment, uniform etc).
After escaping as quick as i could of course now i don't know how i stand with the hours i have already worked.
The meeting was definately geared to get me to leave but I wasn't asked to work a notice and automatically asked to return everything. Doesn't this mean that they didn't want me to work the notice(no one to my knowledge ever has anyway) and just wanted me to leave? so should i get paid for my last months work?
Sorry I hope this makes sense as i have tired to explain without to much detail but if anyone can help me and wants the full story please pm me

AP007

How long had you been there?

Why offered a warning?

bugsy2009

AP007 wrote: »

How long had you been there?

Why offered a warning?

I have been there over a year(not my only job)
I was told you get 3 warnings and have never had one before although have been on the end of a very vicious tongue before but never been told I'm being given a warning. Was told I could have a written warning and if I ever got another complaint(they do complain a lot in the line of work) I'd be out.

mollyjester

Irrespective of what happened to end your employment they have to pay you for work done so last months wages should be paid all be in pro-rota to take into account the fact you possibly left before or just after the pay cut off.

In respect of notice the requirement is really on the employee the employer can waive the notice period for a number of reasons and its not uncommon for employers dealing with sensitive work etc to place employees on garden leave once they hand their notice in. I do not believe there is any requirement for employers to pay the notice period if it is waived but you may want to check your contract.

From what you have said you have basically resigned all be it under duress so if you have outstanding leave this should also be paid but again worth checking your contract.

Any issues with this I would raise formal complaints and escalate to tribunal if there are grounds. If you have legal cover with your house or car insurance you should check with them as they may help to fund any claim against the employer. Just be aware that you only have around 3 months to make any claim after the employment end date but legal advice will help clarify all of this.

Richard53

If your description of the situation is accurate, then you have been treated very unfairly. Normal procedure is two verbal warnings (which will be backed up by a letter, so effectively written warnings), a final warning, and then dismissal. An issue should only go straight to final warning or dismissal in the event of serious misconduct, such as violence or theft. And at each stage you should be made aware of the issues that have led to the warning, and given the opportunity to make your own case (if it's a complaint), and to improve (if your work performance is poor). You should have been told at the very least what the complaint was against you, and given a chance to respond. That's only natural justice. In your case, it sounds like none of this happened, which would give you some grounds if it went to a tribunal.

We've only heard your side of the story, and for all we know you could be a dreadful employee and the employer was justified in wanting rid of you. But he went about it the wrong way if that was the case.

bugsy2009

Richard53 wrote: »

If your description of the situation is accurate, then you have been treated very unfairly. Normal procedure is two verbal warnings (which will be backed up by a letter, so effectively written warnings), a final warning, and then dismissal. An issue should only go straight to final warning or dismissal in the event of serious misconduct, such as violence or theft. And at each stage you should be made aware of the issues that have led to the warning, and given the opportunity to make your own case (if it's a complaint), and to improve (if your work performance is poor). You should have been told at the very least what the complaint was against you, and given a chance to respond. That's only natural justice. In your case, it sounds like none of this happened, which would give you some grounds if it went to a tribunal.

We've only heard your side of the story, and for all we know you could be a dreadful employee and the employer was justified in wanting rid of you. But he went about it the wrong way if that was the case.

Yes you are quite right this is only my side of the story.
I work in the cleaning business and it is a business where people tend to complain. They pay a lot of money(not to us) and want a lot done in very little time leading to rushed jobs and mistakes if you can call maybe missing wiping a table or forgetting to dust something so in that I have been guilty and have had a previous complaint to which I had the originally Job and reclean deducted from my wages. I'm not sure if that is usual but I don't like confruntation and if that solves the problem then so be it. May be the same again i have no idea all I know is that i have struggled the past few times as certain areas had taken so long to clean I couldn't finish the job in time. I have actually stayed extra time(my own time) every week except this time and the first complaint(the week I started) which was my break between this and the next job. I actually met the customer the previous time and they had nothing but praise for me so its obviously something I've done on my last visit but I haven't been told so can't defend what i don't know and my employer wasn't interested in my issues with the job either.
To be honest i'm glad to be out of it I don't need the hours and I stayed as i don't like to let people down and I wish I had gone a long time ago as so many have done over the time i have worked there.
I think I have been a loyal and hard worker although I may be wrong and have always bent over backwards the job advertises a fuel allowance if outside the area and I have gone many times where I have been told that they can't charge the customer for fuel so I don't get the allowance which kept changing but ended up 50p an hour more if I got it so traveling 30 miles or so for 2 hours for a £1 if anything, I think I was quite loyal or maybe walked over as a lot have said!
Its done now but I have a months wage owed(which I really need) and to be perfectly honest to damn terrified to ask if i am entitled to it which at my age is so damn stupid!