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About Jjn89

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  1. Hi, thanks for getting back to me. Could you clarify the bold section above please? Do you mean that they could have fired me for stating my intentionto take time off but they would have had to follow correct procedures, but they haven't? In their message to me, they have stated it has been impossible to follow prescribed disciplinary procedures due to my unavailability and my email to them. They haven't asked me to attend a disciplinary meeting and looking online, I should have the opportunity to review their evidence of gross misconduct and be given an opportunity to appeal? I have tried to give an honest account of what has happened but that is obviously from my point of view. Are there any points I could elaborate on or any specific details that may help give a clearer idea of the facts? Thanks again
  2. Thanks for getting back to me I handed my notice in and they sent me home on that same day. The first day I was to take off was three days after that. One week after being sent home they have sent me a message to say I am being dismissed and am only being paid until the date I gave my notice I have sent them a message to say I believe I am owed holiday pay and notice pay but they have not replied. I am due to be paid by end of next week so will know then what they are doing
  3. I will email them as per previous advice and commence with ACAS if they do not reconsider Thank you and to everyone else who has contributed. You have reassured me and given me the confidence to proceed with this
  4. Hi, no unfortunately i don't think i have any evidence against this. I do have whatsapp message to this effect: Me: Hi it has been several days now since i left the office. Can you formalise my departure from the company? Senior manager: hi you have put us in a serious position and i am dealing with this currently please be patient Me: ok i understand, can you confirm i have been placed on garden leave? Senior manager: i cannot at this time Me: so i have been summarily dismissed then? Senior manager: this isn't a conversation for whatsapp. I will email you Me: ok thanks Would this constitute evidence? I also did a handover on the day which is evidenced in their message to me (we had to take a rushed handover) EDIT: in my letter i told them i would work my notice
  5. Thanks for your reply and the clarity. You are right in assuming i have no paperwork. In their message they have said they have raised my lack of communication on several occasions and as i have failed to communicate seriois delays in the project, this is part of their reason for dismissing me. I have had no formal disciplinary procedures in the past. My evidence against their point of incompetence is that my salary has been increased by 14k during my employment. Is this a valid response do you think? Also can you offer any opinion on my last post regarding them taking legal action against me (i saw your post was just one minute after mine so think there is a chance you may not have seen it?)
  6. Thank you for all of the replies. I will contact ACAS to get this started if they do not reconsider In their message they have said they reserve the right to take legal action against me for reputational damage and financial loss. After reading online, examples I can find are to do with not working notice and them having to organise cover. I did state on my letter i wouldnt be in on certain dates. However i was asked to leave on the day i gave notice. I assume this would be looked at as a suspension as i only received confirmation i was being dismissed yesterday. Therefore if for example they got a temp worker in, can they sue me for the cost of that even though they suspended me before i took an unauthorised absence? Additionally i incorrectly gave 28 days notice rather than one month. Will this give them grounds to sue me or count against me? I'm not sure if this is relevant but my job title is "Junior XXXXX" Thanks again
  7. Thank you for the reply. The message received last night advised my employment has been terminated due to gross misconduct (they have cited performance issues which has never been raised before and I have had two or three pay rises during my employment). They haven't used the words summary dismissal but I think this is what they have done..? Therefore they wouldn't have to pay my notice period. I have done some reading online and am becoming confused whether I am claiming for unfair dismissal or wrongful dismissal. Which is it do you think please? Additionally, if for example it was found I was summarily dismissed fairly, should I not be paid for the time in between them asking me to leave the office last Tuesday and today after receiving the message my employment has been terminated for gross misconduct? My contract does not saying anything about being suspended with no pay but it does say employer is entitled to suspend me on full pay if it needs to investigate anything which may lead to the termination of my employment. Thanks
  8. Thanks again for getting back to me. I have not yet responded to their message. If I reply to them saying i consider this an unlawful deduction of wages and request they pay me my notice plus accrued holiday pay, would i be jeopardising my case at a later date? Also in your opinion, when would my employment have technically ended? They sent me an email late last night (15th). I gave my notice on 8th which is when they sent me home.
  9. I was working on a product that was to be exhibited and they have said they are unable to exhibit the product now.
  10. Hi all Thanks for replies so far. I now have an update They have sent me a message today, 15th May, to say they are only paying me for the eight days I worked this month. They have advised my notice period pay is being forfeited to cover the financial loss i have caused. I was an employee. Does an employer have the right to do this?
  11. Thanks i have done that today and will follow up in a few days I have another question apologies. If later they tell me i have been sacked, do they need to pay me in full for the time between them asking me not to come back to the office and them informing me of their decision? Thanks again
  12. Thanks a lot. I appreciate your replies they have helped me understand my situation better. I was told that 'today is your last day' but nothing in writing. Does this mean i am technically suspended as they haven't told me i have been fired or been placed on garden leave?
  13. Not as far as i am aware to be honest. However i have not had any issue that would involve HR during the 2 and half years i have worked there. The company is small and has an informal feel. I couldnt say with certainty that there is no person responsible for HR matters.
  14. Thank you for reply and clarification. I have looked at my contract and it does not give unauthorised absence as gross misconduct. I was of the opinion for a first offence they wouldnt be able to summarily dismiss me with no pay. I am now taking it that they have to pay me until they at least tell me they have summarily dismissed me? Can you tell me your thoughts on that point please? Also the contract states: "on giving or receiving notice the employer shall be entitled (but not obliged) to bring yoir employment to an end forthwith by laying You in lieu of notice an amount equal salary for the unexpired period of such notice" is it fair to assume this is what is happening? Thanks in advance
  15. Hi 4 weeks in error should have been one month We do not have HR dept as is a small company. My manager's manager is co owner.
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