Resigned "constructively" , but .....

Hounded_out

... hello. I'm new here, but a friend recommended that I join and see if any members could help me with a hopefully straightforward matter. Would have called ACAS, but they don't seem to operate on Saturdays anymore - more cutbacks no doubt.

I have worked, or did work, for an employer for 6 years. All was swell until a new manager appeared one year back. I am a good worker and have an excellent record. Anyhow, he made what i considered to be advances towards me in late Jan this year. I asked him to stop. I raised a complaint but it was not taken seriously as the investigator was i believe somewhat of a friend of his. Anyhow, in past 3 months I've been accused by manager - via a customer - of a fabricated complaint - i am customer facing. I am confident the complaint was a set up but I was not allowed to ask any questions of the unhappy customer myself as it was deemed to not be apporopriate to do so. So I was suspended and dragged thru a demeaning disciplinary process. I asked for witnesses to be called who could speak up for me or act as character witnesses, but guess what they were not avaialble - i called for some ex colleagues to be interviewed, inc one who claims to have also been propositioned by same manager late last year. In response I was told that by disciplinary chair that it was not appropriate or practical to interview or call in ex- colleagues.

Other nasty things have happened, inc an attempt to drop me from a 4 day week to a 2 day week. .. a demand that was made by my manager after his advances were rejected.

Ive asked for cctv evidence of "advances", but appearently there was none.

So, I end up with a final warning and am told verbally by same manager two weeks back - a discussion i thankfully accidentally taped - that as i have a final warning I'll soon be out of work as the firm are planning some staff cutbacks and anyone with a poor disc record will be top of the list.

I appealed disc outcome, but appeal was rejected in an instant.

Also been unwell and GP was very concerned and put me on min two weeks sick about ten days ago.

So I took the brave step, follwing chats with ACAS, friends, GP and internet searches to resign with immediate effect on the basis that my place of work was no longer safe and that trust and confidence in my employer had rightfully been lost/ shattered. I resigned with immediate effect and used a proforma - but obviously adapted - standard constructive dismissal letter and am about to start ACAS pre-conciliation and have told ex employer that I will be claiming constructive unfair dismissal in the Emp't Tribunal. I do not have another job to go to.

So my question. I resigned last Wednesday after bank hol - 31st. This morning I get a letter from my employer's HR person- accepting my resignation, but saying that my employer deny that there was any reason for a constructive dismissal and they then go on to say that under my contract i should therefore have given them one month's notice and thus they expect me back to work after my sick note expires or a new sick note should be sent in. They claim I am an employee until June 30.

I presume they are simply in part taking the michael and are wishing to deny any liability by refusing to accept my immediate .. or is it summary , resignation.- i.e. seeking to cover themselves.

Thoughts please.

agrinnall

What makes you think you can resign with immediate effect? Your contract of employment dictates the terms of your resignation, and it sounds to me like your employer is holding you to them. If you don't go back after the two weeks sick are up then they may well do nothing, but they could sue for the cost of replacing you for the remaining time that you should have been working, or they could refuse to pay you and it would then be up to you to either sue them or take them to an ET. If you have accrued holiday I would suggest that you use that to take up some or all of the time to the official end of your notice period.

Masomnia

Obviously they will say that you were not constructively dismissed and that you are expected to work your notice.

You should seek proper legal advice if you are planning a tribunal claim.

Alderbank

Hounded_out wrote: »

I presume they are simply in part taking the michael and are wishing to deny any liability by refusing to accept my immediate .. or is it summary , resignation.- i.e. seeking to cover themselves.

Your presumption is wrong. HR are spot on.

If your GP has diagnosed stress you should be able to get fit notes until after 30 June so you don't need to return to that job and you will get a month's sick pay at the very least.

I hope when your GP and friends advised you on employment law that they emphasised that even if you have a strong case that going to a tribunal is always stressful, can be expensive and the success rate is very low.

However in your place I would have stuck it out a bit longer because of the gossip about redundancies. Much better to put in your CV as reason for leaving and the prospect of six years redundancy pay in addition to being able to claim JSA without sanctions.

Hounded_out

Tnank you for your comments Agrinal and Alderbank - what similar names. As far as I am aware, and as ACAS guided, an employer has a right to summarily dismiss an employee (i.e. without honouring the contractual notice ) for gross misconduct or a fundamental breach of trust and confidence. Conversely, and again as ACAS guided, an employee has a right to summarily resign if an employer fundamentally breaches the implied term of trust and confidence and/or commits an act of poor conduct themselves. A free legal clinic, via CAB, said the same, but then wanted £2K to give any more advice.

Apparently by working notice that can be tantamount to accepting that the emlpoyers breaches were not that bad, or fundamentally wrong..

Masomnia

Hounded_out wrote: »

Tnank you for your comments Agrinall. As far as I am aware, and as ACAS guided, an employer has a right to summarily dismiss an employee (i.e. without honouring the contractual notice ) for gross misconduct or a fundamental breach of trust and confidence. Conversely, and again as ACAS guided, an employee has a right to summarily resign if an employer fundamentally breaches the implied term of trust and confidence and/or commits an act of poor conduct themselves. A free legal clinic, via CAB, said the same, but then wanted £2K to give any more advice.

That's right.

It might just make your position more secure if you do agree to 'work' your notice, but get yourself signed off.

phillw

Hounded_out wrote: »

Conversely, and again as ACAS guided, an employee has a right to summarily resign if an employer fundamentally breaches the implied term of trust and confidence and/or commits an act of poor conduct themselves.

While this is true, it's notoriously difficult to make that case. Your employer will act innocent and drag up any dirt on you that they can find. However I assume you have discussed this in greater detail with ACAS than the post here.

To be considered constructive dismissal then the breach would have to be so bad that you can't work out the notice period. Agreeing to work out your notice period would show that you can accept working there & so may harm any case against them. You should probably ask ACAS whether to ignore them or how to respond.

Hounded_out

More secure. How ? What would be secure about "accepting" my employer's version of events. I sense they may be trying to trick, or trap, me by telling me to work my notice.

Hounded_out

Yes phillw - i accept that will happen. I don't want to go in to detail but i am confident, in fact ,very confident, that I have more far evidence in my favour- which i trust is better than "dirt" - than they do.

Masomnia

Hounded_out wrote: »

More secure. How ? What would be secure about "accepting" my employer's version of events. I sense they may be trying to trick, or trap, me by telling me to work my notice.

Because that way it can't be argued that you breached your contract.

You certainly don't have to accept their version of events and can still claim that you were constructively dismissed.

phillw

Hounded_out wrote: »

I sense they may be trying to trick, or trap, me by telling me to work my notice.

That is possible. If you agree to work your notice then they could argue that you have accepted their behaviour.

Masomnia wrote: »

Because that way it can't be argued that you breached your contract.

If the employer breached first then that isn't a problem.

Personally I'd just keep getting sick notes and ask the doctor for referrals and seek help from organisations like mind.