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Found 15 results

  1. This is a strange one and been hard to answer so far. My friend is a teacher and has handed in his notice to finish on Aug 31st (notice period in contract gives latest date of May 31st for Aug finish). This was done before Christmas. His circumstances have now changed and he wanted to change the finish date to April (notice period in contract gives latest date of Feb 28th for April finis). This is still well within the contracted notice period but the employer has said he will have to work his original notice or be sued for breach of contract! Can this be the case? has he effectivly somehow signed up to a fixed term contract? Answers on a post card please. He will be taking legal advice but wondered if anyone has had previous experience of this.
  2. my previous employer after a grievance I had with a supervisor told me I wouldn't have to work with the supervisor in question, then they went back on their word and tried to force me to work with him, I refused and walked out in a heat of the moment dispute with them. On returning to work the next day I was told by one of the managers that I had to leave the premises, but instead of being sacked they said my leaving was taken as my resignation. There where then letters being sent back and forth between us with me saying I didn't resign and they cant force a resignation on me. They are now trying to say that the manager said to me if I was to walk out he would take that as my resignation although it was more a threat of if you walk out we will get rid of you. They have concocted this resignation part to avoid going through a disciplinary process with me. I have contacted acas and was advised that I cant be told to resign and that I would have to do this in the form of a resignation letter, or they could assume I had resigned if I had had no contact with them after leaving. I am now in the process of taking them to a tribunal, and have chosen to represent myself as I cant afford a solicitor and legal aid doesnt exist any more. I'm also now working again for a different company so its difficult to get in touch with acas as they work the same hours as me and I have no holidays I can take. I need to know what the law states on how they are putting forward that I resigned when I didnt. I've been offered a settlement that is very low and I will be declining it, but I've no idea how strong my case is and what would be a decent amount to settle for?
  3. Hi, I handed my notice in. Gave the right amount of notice. All ok, have a letter saying it's accepted and my employment ends on so so, etc. Then I receive a letter, saying they now don't accept it and far as they are concerned I still work with them. Which I know they can not do. I guess they have no idea what they are doing?
  4. Good evening, Please could someone advise on this. I handed in my notice on my payday in July 2014 (intentionally as my Employer has a history of not paying employees final salary after they've handed in notice). As I was on holiday at the time I handed in my notice, I requested in my notice letter if there was a possibility that my employer could release me at an earlier date as I was hoping to commence employment with my new company sooner than my notice period would end. Whilst on holiday I received confirmation from my employer accepting my resignation and informing me that I would be able to discuss an earlier leaving date when I returned from my holiday. I returned to work on my planned date only to find that all my colleagues had been informed that I had left the company and was not returning, furthermore I no longer had a desk to sit at in order to conduct my daily work as they had reallocated my desk to a colleague. Having arrived at work as usual at 08:30 a.m. I was informed that my manager would be arriving at 11:30 a.m. in order to advise me on the situation. I was made to stand and wait from 08:30 a.m. until 13:15 p.m. when I eventually realised that the manager would not be coming. I was left with no choice but to arrange transportation home. Whilst waiting for the manager I was informed by my colleagues that my manager had distributed my pending sales deals between my colleagues. I received my final salary in September without pay for my notice period as well as no commission which was due to me for the month of July. I requested a complete breakdown of my final salary which my employer has not provided. I also expressed my opinion on the way in which I was treated and they told me that I chose to walk out and that whilst what I consider to be my "normal" desk was occupied by someone else there was a desk available for me to sit at. However, nobody informed me of this on the day. I have been in touch with ACAS and my Employer has refused to discuss the matter with them so am now filing with Tribunal. Please advise if my employer is in breach of anything here? I am happy to give further details should you require. Best!
  5. Hi Everyone, I am suspended awaiting a discipline hearing. My employer said that when I am given a hearing date I cannot resign, but that they would consider it. I asked them to explain and give me details of my contract or the relevant law that they are relying on, they didn't reply. Does anyone know the answer, my opinion is they are talking rubbish, if I hand in my notice, what are they going to do? say " sorry you can't resign, we won't accept it" can't believe they even think they can do it. In that case I could say, I don't accept you sacking me, but I might consider it. Surely resignation is not a two way thing. Look forward to your opinions.
  6. hi am having a few issues at work. I have been at the company for 2.5 years and have not had a good relationship with my boss who has been there for 15 years. I have received a lot of training for this work that I am suppose to be doing at the end of the month from here and now I know how to do it but planning to leave. SHe has invested a lot of time in me on this and I feel bad about this resignation. What should I say to her in my resignation meeting and worried that I might get a bad reference.
  7. Hi all I have been working for a company for 6 months and it has been nearly impossible to get time off for hospital appointments for my sons epilepsy. The first occasion i ended up using my anual leave and took a day off. I felt under pressure and was new at the time. Now they will not allow me the time off for a second appointment. Its implied that its too busy to allow me time off. I also have diabetes and have missed a couple of appointments due to the pressure of not taking time off. This came to a head with me walking out as despite giving 6 weeks notice, and my sons hospital appointment a week away - i was still not advised it would be ok to go. I returned to work and they now want to discipline me for walking out and will not budge on the parental leave incinuating I use my anual leave for such appointments. Now I dont wish to go back there. There are other issues such as jokes about somalians getting housing in affluent areas and the MD frequently advising of his dislike of "pikees" which i find diistasteful to say the least. I am going to send in my letter of resignatiin with the grievances as the reason. Can they refuse to accept my resignation and do i have to goto any grievanc meeting? i just want them to pay my notice period as I can not go back there to work. It brings out anxiety in me which is uncontrollable sometimes - palpitations and tremors. Thanks in advance for any advice
  8. I have resigned from my job. I worked there for 6 months. My contract of employment (which I have not been given, but which i have seen) states my holiday entitlement of 20days. Firstly can I challenge the 20days, as this appears to be under the legal minimum entitlement. I have been told by my manager, that the company year runs from june to june - and I might lose what holiday has been accurred. The contract i have seen but which I have not been given, does not state this.
  9. Hi Don't know if anyone can help. I resigned with immediate effect but my employers acceptance letter stated 1 months notice. My P45 acknowledged the 1 months notice which I got corrected by my employer but they have not paid me any outstanding holiday pay. I was on sick leave with work related stress for 8 months and this went from the end of one holiday year to 4 months into the next.. All of my entitlement was already booked before going sick with 8 days towards the end of one holiday year and thirteen days in the next. Did they breach my contract and if so have I left it too late to contact them. Many thanks
  10. I was reinstated in my job after i resigned during a grievance hearing. I filed a grievance that my manager was treating me unfairly. After this happened i was temporarily moved and my manager visited and wanted to performance manage me. I always had a record performance, never been performanced managed. Hence the director sensed something was not right and reinstated me. gave me a new store in same district with same mgr. i was asked at the hearing if i could work with my mgr again and i specifically said, yes providing she treats me fairly, with respect and dignity as per policy. It has been 8 mths and i have had a life of hell at work, been given 2 underperforming reviews by my mgr, put on a performance improvement plan, received a first warning, successfully got off the plan with higher scorecard than the entire district, being told i'm too 'soft', i should have sacked some ppl by now. The last straw for me was recently when she copied an email to HR accusing me of gross negligence, threatening to investigate me. and started conducting a disproportionate investigation. I became so stressed under her leadership, i could not sleep, had lower abdominal pains,i lost weight, i lost my hair, i was not functioninig normal, i had panic attacks and anxiety, diahorrea, vomiting in addition i had a gynaenecological health issue which she knew about which made me ill worse and caused severe bleeding. I was signed off for 6 weeks for work related stress and gynaecological issues under investigaton. during this time i filed a grievance. The six weeks expires today. The grievance meeting is scheduled for this monday. i want to go through the grievance procedure fully again but cannot continue working for employer, as i felt they placed my heallth and my well being at risk. any advice as to what i could do. ive worked with company for 7 years. and i cannot afford legal advice, spoken to acas who said i need to try and resolve with my employer..
  11. I resigned giving proper notice etc. The following day my manager told me to treat my last day as yesterday. I assume I am to receive PILON but was not expressly told of such. Should I have been told of this, either Verbally or in writing? I feel quite hurt by this because it certainly does not encourage me to give notice in the future if the company can just end my employment like this.
  12. I have been asked to attend a disciplinary meeting with a number of very serious allegations, which are completely false. To cut a long story short, my employer is trying to get rid of me, has colluded with other members of staff and I know that I will not get a fair and impartial hearing. I believe the disciplinary will result in termination of my employment. Can I resign before the disciplinary? I have only worked there for 5 months, so haveno recourse in the new employment laws to go to tribunal for unfair dismissal. If I hand in my 1 months’ notice will I still be obliged to go to thedisciplinary meeting? Please help, the meeting is scheduled for Tuesday morning.
  13. I resigned to avoid a lengthy disciplinary investigation. My resignation was accepted but I was still suspended. I have now been informed that there has been a secondary investigation into an unrelated matter, for which I have been invited to a Disciplinary discussion. In the letter inviting me to this discussion, the writer states that she may not be able to make her decision until after the last day of my notice period and that therefore, I will only be paid until the date stated on my resignation. Is this legal, or should the suspension stand until ALL investigations are completed? Thank you for any advice
  14. Hi guys, Just wondering if you could help me answer my query: (claims of race discrimination, victimisation and constructive dismissal) When claimant resigns in the middle of appeal investigation to earlier grievance in an act of last straw motion from the authority appealed from, do the remaining discriminating actions of the employer who in the end decides not to uphold appeal (surprise surprise but hey! manages to dig themselves even more) count as acts of disrimination and can be claimed in ET1 or is it all until resignation (apart from discrimination with references, whenever that is the case) that should be put in ET1? (the "post-resignation discrimination" will be evidenced anyway, innit?....another bunch of **** looking for trouble...) Ta. xxx
  15. Hi, I have been asked by a colleague to be their witness/note taker at Disciplinary meeting and am looking for a little advice to pass on as to how to approach the meeting. The background is as follows; My colleague has already the investigative meeting and was suspended because their actions potentially are gross mis-conduct and they had admitted to it. Upon suspension, they went to their GP and have been diagnosed as suffering with depression for at least the last 4 years. They have submitted sick notes and have been on sick leave for the last 6 weeks. They have been to counselling sessions and prescribed anti-depressents and the current sick note expires on 30th June. On 1st june my colleague sent in their written resignation with the required 30 days notice to end their employment on 30th June. The company have "refuse to accept this", and have invited them in to a disciplinary meeting next week. My questions are as follows; As my colleague is currently receiving treatment for depression and has a current sick note, are they obliged to attend? If they don't attend, can they be dismissed without attending the disciplinary? Can an employer refuse to accept an employees resignation? During the meeting can we ask for an adjournment as my colleague is not up to the stress of such a situation? If the date to reconviene is after my colleagues apparent leave date i.e. 30th June. What is the obligation af the employer and my colleague? Thanks in advance for any advice.
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