The continuing saga of my job

When_the_going_gets_tough

with regard to the employment issue you need to contact ACAS first for early conciliation. Have a look on their website. Remember constructive dismissal is hard to prove - but payment for your unused holiday should be much easier. You may want to seek advice about this claim - remember that what is fair morally is not necessarily fair legally. I don't want to disuade you from your claim but you will find it easier if you can be objective and hard headed about it. Also beware of the costs of pursuing a tribunal case - although there are fee exemptions to check out.

PlutoinCapricorn

That is amazing: soon you may be wondering why you didn't do it much earlier. You are well out of it.

I have spent a lot of time in the sector myself, but only at the top end. It really is best if this sort of organisation winds up. I saw one of the CC's top officials on BBC News 24 a while back, and he admitted that is was difficult to find the resources to carry out investigations so you may have to wait or they may decide not to take it further.

[Deleted User]

If you do go to tribunal, gather as much hard evidence as you can. Ask for the other side's evidence well before the tribunal (don't listen to tribunal clerks who say its ok to not have hard evidence, it isn't). We lost a tribunal case because we were sent the two weeks ahead date just before Christmas, never got the other side's evidence (which was all lies and we could have proved it if we had seen it before the tribunal). So on the day, my ex was allowed 20 minutes to read 40 pages of evidence, and the judge said that was perfectly adequate when we asked for a review of the case.

You need to analyse the evidence, call witnesses who have made statements that are false as very often the statements won't hold up to questioning. They even said my ex had refused to sign a contract of employment, and because they were able to produce 4 out of ten employment contracts, signed (no doubt just before the court date), the judge agreed (said if they had some signed employment contracts, he MUST have been given one and refused to sign it) my ex wasn't awarded a lot of the holiday pay he was owed, or the extra he should have got to make his money up to the minimum wage. The employer even presented two completely false statements not made at all by suppliers (one of whom was very cross but wouldn't attend the tribunal because they'd have lost the company's business). We were very nieve and thought 'right' would show up in court.., but it didn't. Make sure you force right to show up in your case!

But whether you win or take them to tribunal, you are on a winner now. You are in control, not them. I once left a 20 hour a day job.., and they told me I was useless.., but employed four people after I left to do just a part of my job.

Charityworker

Received this email this morning (copied and pasted but have removed all names). Could do with some advice on my rights. I don't want to go back to work there. I also don't want to attend this "exit meeting" with a bunch of committee members who don't know what day it is. I was going to post them the things I have by recorded delivery (the key, a t shirt and a pen!) and ask them to post me the bank form they want me to sign. I want to avoid setting foot in there again at all costs lol!

It is with a heavy heart I write you this email. On Friday the 26th September 2014 it is my understanding that you informally gave your notice. You no longer wish to remain in employment with "name". I personally have tried to speak to on the Friday 26th September 2014 through Facebook, via your mobile number and have only revived a few texts in reply. I understand the circumstances in which you handed in your resignation and I can understand if this was a decision made in the heat of the moment. If you feel this is the case and you no longer wish to leave employment with us please contact one of the senior committee and we can help you return to work as soon as possible, this would include discussing the reasons in which you felt it was your only option to terminate your employment with us. If this is not the case and would still like to terminate your employment with us then we require you send us a formal resignation letter. If this is the case you will be required to attend an exit interview which will be arranged when we revive your letter of resignation and you will be notified when this meeting will take place. During this interview you will be required to return any property belonging to "name" hand over assess to all accounts belonging to "name". You will also revive your final payslip and details of your final salary payment and any information you require for the future.

We are sorry to see you leave and we wish you luck on your future endeavours.

Takeaway_Addict

They are just covering their back, if they don't make the right noises it can bite them on the @rse.

As for the tribunal, please play this carefully, they are often stressful and time consuming for often little reward. know the time to cut the losses and get out when you can, if they offer to settle then negotiate (an agreed reference being very important) and then move on rather than taking it all the way IMO.

You don't have to go to an exit interview, I'm not sure what you have to gain from doing this, someone else might tell us.

LittleVoice

Charityworker wrote: »

Received this email this morning (copied and pasted but have removed all names). Could do with some advice on my rights. I don't want to go back to work there. I also don't want to attend this "exit meeting" with a bunch of committee members who don't know what day it is. I was going to post them the things I have by recorded delivery (the key, a t shirt and a pen!) and ask them to post me the bank form they want me to sign. I want to avoid setting foot in there again at all costs lol!

It is with a heavy heart I write you this email. On Friday the 26th September 2014 it is my understanding that you informally gave your notice. You no longer wish to remain in employment with "name". I personally have tried to speak to on the Friday 26th September 2014 through Facebook, via your mobile number and have only revived a few texts in reply. I understand the circumstances in which you handed in your resignation and I can understand if this was a decision made in the heat of the moment. If you feel this is the case and you no longer wish to leave employment with us please contact one of the senior committee and we can help you return to work as soon as possible, this would include discussing the reasons in which you felt it was your only option to terminate your employment with us. If this is not the case and would still like to terminate your employment with us then we require you send us a formal resignation letter. If this is the case you will be required to attend an exit interview which will be arranged when we revive your letter of resignation and you will be notified when this meeting will take place. During this interview you will be required to return any property belonging to "name" hand over assess to all accounts belonging to "name". You will also revive your final payslip and details of your final salary payment and any information you require for the future.

We are sorry to see you leave and we wish you luck on your future endeavours.

So "walked out" was just that, not formally giving them your notice. However bad they are, they were entitled to a week's notice.

The offer for you to return is the right thing for an employer to do in the case of an employee who has not formally resigned. So get your formal one- or two-sentence letter of resignation delivered ASAP.

During that one-week notice period, you are still their employee and they are able to require you to attend a meeting during your normal (16-hour) working time.

Savvy_Sue

LittleVoice wrote: »

During that one-week notice period, you are still their employee and they are able to require you to attend a meeting during your normal (16-hour) working time.

True, but what are they going to do if CW declines to attend - sack her? I'd certainly only agree to attend one in this sort of situation if I could have a supporter with me.

I think I'd just submit that resignation letter, including a request for leave not taken to be paid (and work that out for them). Return their keys etc at the same time and ask for the form, payslip and P45 to be sent to you. You could effectively raise a grievance at the same time by outlining the bullying and harrassment which has gone on, but you have to think about what you can realistically cope with. And if you can't cope with seeing them again, you can't cope with a tribunal, IMO.

Can you afford some legal advice? If you can, get yourself a good employment solicitor. There's some general advice on this one's site, and he's good.

Somerset

LittleVoice wrote: »

During that one-week notice period, you are still their employee and they are able to require you to attend a meeting during your normal (16-hour) working time.

Isn't there quite a lot of holiday leave due but not taken - not allowed to be taken. I'd take seven days of holiday, which should be paid by the charity, when the final payroll is run. And employee's don't attend meetings when they are holiday.

Charityworker

I've just written a polite resignation letter stating that I would like to take my 1 weeks notice from my accrued holiday balance still leaving me a balance of 7 days. I have also advised them that I will sign anything they want me to sign regarding accounts and return belongings once I have received my final wages cheque and it has cleared. Ill be sending it by recorded delivery.

Thanks to everyone who has replied and given advice.

getmore4less

You should not keep employers belongings till they pay you thats blackmail.