dismissal after giving notice
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nikko1968
Posts: 4 Newbie
Hi all,
I think im correct in the saying he has acted illegally
i had a fact finding interview, gave my side and asked for evidence to back up my story.
This was never received.
Had a second fact finding interview on a diffrent matter letter was given to me the day before the meeting was arranged. obviously i had no sleep that night as i was concerned about my job. during the interview i held my hands up to doing what was alledged. classed as gross misconduct with possible termination of contract.
2 other people had done the same thing and had just a telling off.
Four weeks later after not hearing a decision about the gross misconduct, i sent an email with reference the disciplinary procedure asking as to what was happening as i had not heard anything and wanted to move forward.
A few days later the boss phoned me up complaining about me speaking to another worker and saying that i was in the wrong and advised me that he again was going to take it further. although what he accused me of i did not say it was in fact the other employees operations manager who said the wrong thing. I advised him during the phone call that i was stressed over the way that he was dealing or not dealing with issues in a correct manner.
The next day i phoned in sick due to not again having any sleep.
on the monday after the weekend i was advised that there would be a disciplinary hearing including the previous fact finding interviews.
On seeking advise i decided to hand in my notice honouring to do my notice period if he desire. which was 4 weeks.
I then recieved an email saying that the company would not accept my notice and was seeking advise from thier solicitors. Later that day i recieved an email saying that company accepted my notice but did not require me to work it.
heres where it gets interesting : They stated that my employment finished on the day that i handed in my notice in and that i was not entitled to any notice pay. although i had offered if they desire.
I then sent another email advising that i had offered 4 weeks notice and they had said that it was not required.
I then recieved another email that said that they did not desire me to work my notice and therefore was not willing to pay it. the bos was a teacher and so does as far as he understands everything by the law.
How do i stand!!!8230;..
Thanks!!!8230;.
I think im correct in the saying he has acted illegally
i had a fact finding interview, gave my side and asked for evidence to back up my story.
This was never received.
Had a second fact finding interview on a diffrent matter letter was given to me the day before the meeting was arranged. obviously i had no sleep that night as i was concerned about my job. during the interview i held my hands up to doing what was alledged. classed as gross misconduct with possible termination of contract.
2 other people had done the same thing and had just a telling off.
Four weeks later after not hearing a decision about the gross misconduct, i sent an email with reference the disciplinary procedure asking as to what was happening as i had not heard anything and wanted to move forward.
A few days later the boss phoned me up complaining about me speaking to another worker and saying that i was in the wrong and advised me that he again was going to take it further. although what he accused me of i did not say it was in fact the other employees operations manager who said the wrong thing. I advised him during the phone call that i was stressed over the way that he was dealing or not dealing with issues in a correct manner.
The next day i phoned in sick due to not again having any sleep.
on the monday after the weekend i was advised that there would be a disciplinary hearing including the previous fact finding interviews.
On seeking advise i decided to hand in my notice honouring to do my notice period if he desire. which was 4 weeks.
I then recieved an email saying that the company would not accept my notice and was seeking advise from thier solicitors. Later that day i recieved an email saying that company accepted my notice but did not require me to work it.
heres where it gets interesting : They stated that my employment finished on the day that i handed in my notice in and that i was not entitled to any notice pay. although i had offered if they desire.
I then sent another email advising that i had offered 4 weeks notice and they had said that it was not required.
I then recieved another email that said that they did not desire me to work my notice and therefore was not willing to pay it. the bos was a teacher and so does as far as he understands everything by the law.
How do i stand!!!8230;..
Thanks!!!8230;.
0
Comments
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If you were not sacked for gross misconduct then they should pay your notice.
On the other hand it does appear though that you offered to resign without a doing your four week notice. If that is correct then they could accept that and not pay you.0 -
I agree. It does seem that you told them that you were resigning with immediate effect, and that you'd only work your notice if they wanted. They didn't want... So you got what you asked for - no notice.0
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I agree. It does seem that you told them that you were resigning with immediate effect, and that you'd only work your notice if they wanted. They didn't want... So you got what you asked for - no notice.
Agreed and agreed.
You should have simply resigned, and if THEY didn't want you to work your notice theyd have had to pay you for it.
However, you put the option out, giving them the option of you working your notice, and they have declined.0 -
You well and truly shot yourself in the foot. Good luck job huntingmake the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Is the disciplinary still going ahead in abstentia?Don’t be a can’t, be a can.0
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I am writing to you to formally give you my resignation from my position as ********** for ****************. I will honour my contractual period of notice if you desire and expect to be paid all monies owed to me in full.
I didnt say that i was not going to work, ok i got a wording issue wrong… would this stand up in employment law.
yes i have a new job start on monday….0 -
no it is not going ahead0
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I am writing to you to formally give you my resignation from my position as ********** for ****************. I will honour my contractual period of notice if you desire and expect to be paid all monies owed to me in full.
I didnt say that i was not going to work, ok i got a wording issue wrong… would this stand up in employment law.
yes i have a new job start on monday….
It wouldn't stand up. In any case, you have a new job so have wholly mitigated your 'losses'.0 -
I am writing to you to formally give you my resignation from my position as ********** for ****************. I will honour my contractual period of notice if you desire and expect to be paid all monies owed to me in full.
I didnt say that i was not going to work, ok i got a wording issue wrong… would this stand up in employment law.
yes i have a new job start on monday….
'If you desire I will honour my notice'
If they desired, you would be owed money for the work you did in the notice period.
They did not desire, so no money is owed to you.
What you actually meant is 'I want paying for my notice but I'd rather not work it.'0 -
An employer can!!!8217;t refuse to accept someone!!!8217;s resignation and they must follow certain procedures.
When a member of staff resigns you must:
get them to confirm their resignation in writing
tick
tell them what their notice period is
no tick
agree when their last day at work will be
no tick
confirm whether they should work all or part of their notice period
tick did no request me to work my notice
I understand that the devil is in the detail, i offered to honour my notice if they desire.
I did not however agree to cut my notice period to no notice. so obviously they are in breach of contract because they did not desire me to work my notice.
reply on acceptance.
I write in response to your resignation letter of today!!!8217;s date. I confirm that the Company does not require you to serve any part of your notice period. Your last day of employment is therefore 13 June 2018. I confirm that your final pay will be calculated up to and including 13 June 2018.0
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