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Resignation not accepted until Grievance meeting


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Hi all I could do with a bit of advice from everyone.

A bit of background first.

 

 

I`ve been in my job for 17 years having been Tupe`d over 8 times now, the latest being in April 2012. The job has become steadily worse with the grief and pressure I am getting from my new employers. Nothing I do is right nowadays even though I know my job back to front but hey ho they are the employers and so I I just do as I am told. In 17 years I`ve been off sick about 4 times, each sickness no more than about 1 week at a time.

 

Just recently I came back from holiday and I couldnt go in because of a bad back. Within 1 hour of my ringing in to say I wouldnt be in I received a phone call from the area manager asking whats wrong ? how long am I going to be off? Do you know that the other guy has got something planned at the weekend so he cannot cover you? Reluctantly I forced myself into work at the weekend just so I wouldnt get any more hassle from them.

 

 

I went to the doctor last week and virtually broke down in front of him ( not because of the back, thats ok now) telling him I couldnt take all this anymore. He has signed me off with stress for 2 weeks.

 

 

Btw I am a 59 year old male.

 

 

Anyway, after talking to my family I think the best thing to do is to resign. With my wife being disabled my plan is to claim care allowance and look after her fulltime ( which I do anyway, juggling work and looking after her but I have never claimed care allowance)

 

 

So, I sent off my sick note and resignation letter to head office. In hindsight I shouldnt have put in my resignation letter what I did but at the time I was angry with them. I put the reason for resigning as bullying and harassment. I have since received a letter inviting me to a grievance meeting. I emailed them telling them I couldnt attend due to me too unwell. They replied saying thats ok and to let them know when I could attend and until I did attend, that they would not accept my resignation.

 

 

I have thought long and hard about the whole thing and I just want to cut all ties with them and look after my wife. Any advice would be great

Thanks for reading

Edited by citizenB
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Write again saying you are not interested in a greivance and want to resign. They want to hear you out so you cannot later claim constructive dismissal. Be aware that you will be cutting off that course of action.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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As Emmzzi rightly says, you are fine not to attend a grievance hearing as long as you won't subsequently change your mind and bring a Tribunal claim!

 

They don't have to accept your resignation - just give them the required notice period. Write back and confirm your resignation stands, and you will be leaving the company on XXX date.

 

I hope you feel better soon.

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I've not heard of an employer starting a grievance! Unless what you wrote in your resignation amounted to a grievance, which potentially putting in bullying and harassment would! It is normal for an exit interview, but you have stated that you are ending your contract on a date, you have as much right to do that as an employer does the other way around if they were to dismiss you.

 

It does sound like they want to stop constructive dismissal, which potentially you have a case of depending on the facts. Do they know of your wife's ill health? Because if they did then you are somewhat covered by the Equality Act 2010 depending on what they knew and what you have to do to care for your wife.

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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I've not heard of an employer starting a grievance! Unless what you wrote in your resignation amounted to a grievance, which potentially putting in bullying and harassment would! It is normal for an exit interview, but you have stated that you are ending your contract on a date, you have as much right to do that as an employer does the other way around if they were to dismiss you.

 

It does sound like they want to stop constructive dismissal, which potentially you have a case of depending on the facts. Do they know of your wife's ill health? Because if they did then you are somewhat covered by the Equality Act 2010 depending on what they knew and what you have to do to care for your wife.

 

Yes you are probably right, it was probably much my fault for putting in the bullying and harassment comments in my resignation letter. Although correct I didnt and dont want to take this any further. All I want to do is finish with this company and get on with my life. I dont want to go down the constructive dismissal road or anything like that. My thoughts are that my health are more important than this job. They are not aware of my wifes disability, I`ve managed fine for the last 15 years working and looking after her. Because I work 3 weekends out of 4 I suspect that they are panicking because the other 2 supervisors dont want or will not work the weekends and they find themselves in the position of not having anyone in charge at weekends. Thanks for all the comments

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