There's something about it which just doesn't make sense but I suppose i'll find out one way or another on Friday. If there is more to it than it seems i'll let you know. Thank you once agian for your help.

Thank you for the quick reply. As I was reading back through it I had a thought that maybe they think they will have to pay me a months notice so refuse my resignation then dismiss me to save the extra months pay? What they have done isn't right or fair but i'll just be glad to see the back of them!

No, that one will be ok. Thank you for that.

Hi everybody, My apologies in advance if this is a bit confusing (and long!) as I don't really know where I am with it all and it's my problem! I had a disciplinary hearing for gross misconduct due on 19/1/11. I resigned that day under the understanding that it was with immediate effect and I didn't have to work notice. My employer then tried to say I resigned without giving notice, I suspect the reason for this is that I have a clause in my contract which says they can withhold 4 weeks wages if notice isn't given. I have previously asked about this in a thread 'How do I make a claim for unpaid wages?'. Sorry not able to post a link as I don't have a post count of 20 plus. The letter I received 'ending' my employment said the following; "I understand from your manager, **** that you resigned with immediate effect from the company on 19/1/11 pending a disciplinary hearing. I write to confirm that no decision was made on your disciplinary hearing as you have decided to resign prior to the disciplinary hearing taking place. As you have elected not to work your notice you will be paid up to the 19/1/11. I will now arrange for the payroll department to re-calculate your salary and they will write to you under separate cover confirming any monies that may be owed to you" Following on from the advice I received on the earlier thread I replied stating the hours I thought I was owed. I also ran through the communication with my manager on 19/1/11 and explained that I had offered to work notice (in writing) noting the 4 week period but suggesting 1 week. My manager had refused my resignation and then we had agreed that I would resign without working notice. I confirmed this via e-mail and then letter. I pointed out that regardless of my managers change of mind regarding notice I had offered my terms of resignation and they had accepted my resignation so they had accepted my terms. I also said that if they weren't happy with the terms they could have refused my resignation for a second time. The letter also stated that the clause in my contract wasn't legally binding and if they didn't pay the full amount of wages I would sue. Well I thought that was that maybe a bit of a fight for my wages but employment ended so I signed on and had my JSA meeting today. But this afternoon I had a hand delivered letter from my employer which reads; "Further to your letter dated 22/1/11 stating that you did not resign with immediate affect and that you wish to work notice period. I am writing to inform you that if you wish to work your notice period which is four weeks, that you are still subject to the companies terms and condition." It then goes on to set a date for the disciplinary hearing on 28/1/11 at 4pm. That is not what I said in my letter they are putting words in my mouth as per previous letters but I can't see why? From my limited understanding of my situation this has only played in to my hands as now I can fight the disciplinary hearing, I won't have to fight for wages because if they sack me for gross misconduct they have no reason not to pay me and i'm suspended on full pay so they now have to pay me up until the 28/1/11 not the 19/1/11. If somebody could explain where I stand I would be very greatful as I haven't really got a clue and as I previously said I can't see a negative to this? I can post a copy of the letter I sent them on 22/1/11 if required. Thank you in advance for any help and my apologies for the length of this.

I am in a terrible financial position and the most important thing to me at the moment is to have some sort of income. I went to the CAB the day before the hearing (which there is no doubt I would have been sacked at) and they said when I claimed for JSA and housing benefit a claim for resignation rather than gross misconduct MAY have shorter time penalties to it. I tried to get an answer from the JC but no one would give me a striaght answer so I though resignation was the best option. It wasn't until I had resigned that they pulled the no notice thing out of the hat and I naively thought my employers would state resignation until I got the letter from them saying "resignation, pending a disciplinary hearing". As I couldn't get a straight answer from anybody I knew it was a gamble which everway I went for the best outcome but it seems I have lost, which I should have known i'm a terrible gambler . I have only worked for them for 8 months so as far as I am aware I am unable to make a claim for unfair dismissal as it didn't involve sex/racial discrimination?

Hi, I was due to have a disciplinary hearing for gross misconduct but even though it wasn't true I decided it would be better to hand in my notice before so it wasn't on my employment record. I received a letter from my employer confirming the end of employment but it is clear they are trying to say I resigned without offering to work notice. This is untrue, I offered notice but it was agreed that I didn't have to work any and my resignation was with immediate effect. I suspect their reason for this is due to a clause in my contract which says that unless I give four weeks notice they are entitled to withhold any wages due or claim any overpayment. My understanding is that even though this is in my contract it is not legal as any outstanding wages must be paid in full and if there is a breech of contract the employer must make a claim against you. In light of the above I can see this ending up in me having to fight for any outstanding monies could somebody point me in the right direction as to how I might go about this? I am also worried that any future references might say that I resigned pending a disciplinary hearing can they say this? Thank you in advance for any help.

Thank you all for your advice. Just as I thought really i've had it, i'll just have to take it and move on. I've had it happen once before, I was accussed of stealing to try and get rid of me because I was on the sick and I did the anger route and it just gets you know where. Best just to forget and move on. Thanks once again.

Hi Everyone, i'm after some advice for an upcoming Disciplinary hearing. On the 23/12/10 I was sent home early because I was ill. When I came in to work the next morning I was accussed of being drunk at work and they had so called found a half drunken bottle of vodka. Two employees have made statements saying I was drunk and that is why I had been sent home early. I was suspended on full pay pending a disciplinary hearing and later that day I received a hand delivered letter telling me the hearing was yesterday on the 29/12/10. I dropped a letter in yesterday saying that I was entitled to a reasonable time to prepare for the hearing and find a trade union rep. As everybody is on holiday until the 4/1/11 I wouldn't be able to attend until after that date and I would inform them of suitable dates. I wasn't sure if this was the best approach but I didn't know what to do and hadn't found this forum. I can't go into too much detail in case somebody from work notices this but I started work there as a driver about 8 months ago and as time has gone by i've learnt that more and more of what i'm doing is breaking driving laws. Some of which if things went wrong would see me facing jail or some very heavy fines all payable by me. Due to this I have started to refuse to do certain things and i'm sure this and the false accusation go hand in hand. It's no great loss job wise if i'm sacked but I have no savings and no one or where to turn if I can't sign on and get benefits and the likelyhood of finding a job quickly at present is very slim. I have previously asked on the benefits forum and received some helpful advice and I was referred to here on how best to deal with the hearing as i'm told this will effect any possible benefit claim. As it's the word of two people i'm guessing i've had it but then part of me thinks the police in criminal cases need a blood test to prove you have been drinking so any advice would be greatful. Thank you in advance.

Thank you for your help and advice.

I've been accussed of being drunk at work which I wasn't. I was ill and sent home and the next thing I know when i've come into work i've been accussed of drinking at work and they had so called found a bottle of vodka half drunk. Two employees have made statements to say I was drunk and I have obviuosly made a statement saying I wasn't. I haven't had the disciplinary hearing as yet but i'm guessing that i'll get the sack. Too cut a long story short since I started the job i've been forced into doing things which are against the law and i'd had enough and started to refuse hence the false accustaions. It's a nightmare of a situation just what you wanted on christmas eve.

Hi ErikaPNP, Thank you for your quick reply. I've had a look at the files you listed but to be honest it doesn't make much sense to me. I know it's very difficult to say without all the details facts but would I be right in saying that the most likely out come is that if I claim JSA it will be suspended for a time but as I have no savings or other income I should get a hardship payment? The fact that i'm claiming JSA even if it's suspended means that I can claim HB which I have done before and received and my circumstances haven't changed. If my JSA is reduced or suspended will I still get full HB? As I said I know it's hard to say but i'm just looking for a rough idea. The thought of having no income of any sort especially with the current job market is very frightening.

Hi All, I'm about to be sacked for gross misconduct, if I am can I claim JSA and HB (I rent)? Really worried about it as I have no one or no where to turn to for help and no savings. With the job market as it is it could easily be 6 months or a year before I get another job and without benifits i'll end up quite literally living on the streets. This all happened on 24/12/10 and they called me in for the meeting today but I managed to pospone it as I said they have to give me reasonable time to seek advice. I've been to CAB and solicitors today but they are all shut until 4/1/11. If someone could tell me that I will at least get something from benefits to live on it would be a load off my mind. Thank you in advance.