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faye93x

Possible unafir dismissal

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Hi everyone.

 

I was offered a new position and handed in my 4 weeks notice with my old employer last Thursday. I was going to work for a supplier/competitor.

 

The old employer acknowledged my resignation on Monday at 3.50pm and advised me in email that instead of going in for my shift that night that I was to report the following day at 1.30pm to a different office to work out my notice.

 

This was less than 24 hours notice and 6 hours before I was due to attend a night shift.

 

When I arrived the following day at the different site I was given my exit interview and was given the option of working out my notice at a different site, doing a different job with different hours altogether or leaving there and then and being paid for my holiday owed.

 

Luckily I have managed to be able to start my new position 1 month early but where do I stand with the above.

 

Do I have a case to take to ACAS or do I file an official grievance at that way it was handeled?

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Guest Old_andrew2018

I not expert however there are some you regularly contribute to the forum, IMHO you you should have been paid one months pay in lieu of notice plus any accrued holiday entitlement, why not write to your ex-employer asking for the money owed.

Rather than unlawful dismissal I would argue that it is constructive dismissal, as you were left with no alternative but leave immediately, are you a union member if so could they support you.

You are correct in seeking advice from ACAS, be prepared to go all the way to ET if required.

 

Andy

Edited by old_andrew2007
added info

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You may possibly have a case for constructive dismissal, however I'd very much consider whether it would be worth the stress. Any payout would likely be very small since it would take into account that you weren't left out of work with starting the new job straight away.

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As did you have a contract if so have you checked out what it says.

 

DG


I have no legal training my knowledge comes from my personal life experiences

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In terms of lieu payments, you need to refer to your contract, some give 4 weeks, others 2 months; but a general thing is that accrued holiday pay is also paid on top of any lieu payment :)

 

Constructive dismissal is an option, however as previously stated, because you are entering into new employment it would be quite a small sum id imagine. Of course this doesnt make the companies behaviour acceptable; so at the end of the day it is up to yourself :)


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