Totally Confused, am I still employed and what do I do?

[Volition82]

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.

[honeybee13]

Hello again. Here's a link to your other thread. I saw another one by you, do you want to link to that as well?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?291219-How-Do-I-Make-A-Claim-For-Unpaid-Wages&p=3267122&highlight=#post3267122

 

HB

[Volition82]

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

[SarEl]

I can't see why they are doing this either. The only thing I can see that is negative about it is that you will be dismissed (based on your last posts that is what I surmise) - but that is hardly going to make anything worse than it already is, is it??? You don't have a right to claim unfair dismissal (that's correct isn't it) so this seems pointless. But yes, if they haven't accepted your resignation you are still suspended on full pay. I am about as confused as you! And that doesn't happen very often!

[Volition82]

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!

[SarEl]

Possibly - but that wouldn't make sense if you resigned with immediate effect since they wouldn't have to pay you a penny after your resignation. Makes no sense to me. I am very suspiscious - but for the life of me I can't think why!!!

[Volition82]

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.