advice needed - just walked out on my job

[becky112]

I have worked for a company for 2 years and + today i was told that i was to attend a disclipoinary meeting over something i have done (not serious).

the meeting was for in 8 days time as one of my bosses is away. i didnt want to be fretting all that time so i told them to bring the meeting forward but they wouldnt

are they right in doing this?

anyway after an argument with my other boss i walked out

My questions are

will i get paid for what i done so far this month?

Can i take them to court over this for not bringing the meeting forward for me? surely 8 days is a long time to wait as i just knew they would prb sack me anyway

ive rang my boss since to apologise but they not answering.

[altobelli]

Better to go back if you can and not to resign for the moment.

 

Did you say to the employer you were resigning or just walk out of the meeting?

 

I believe that the law obliges an employer to reconsider a resignation which was made in the heat of the moment, but others may be able to advise more fully on this.

 

Are you able to give general details on what the disciplinary is about?

[Bombaymix]

Eurgh.. This brings back terrible personal memories.

 

A colleague of mine done the same thing. He had a letter inviting him to a disciplinary investigation. He wasn't happy with the allegations and also resigned in the heat of the moment. He calmed down after a few days and asked for his resignation to be retracted. The company rejected his plea

 

My advice. If you want to keep your job, Contact your employer ASAP and advise them that you acted in the heat of the moment and you'd like to retract your resignation. Some company's offer a cooling off period.

 

I'm sure the experts will be along with advice.

 

My colleague would have probably been investigated and "no further action taken". I was investigated for the same thing, co operated, attended meetings and answered questions. I'm still happy (ish) in my job now. No further action was taken against me.

 

Hope it all gets sorted

 

Regards

 

BM

[becky112]

when I resigned my boss said to me "please can i have this in writing" and then sent me a text asking again in writing.

so i was pretty sure this is a sign of her not taking the resignation?

 

there is nothing in my contract about heat of the moment resignation it just says that i need to give 4 wks notice.

I walked out leaving them in the lurch really as they will have had to use agency staff today which costs a fortune, they wont be happy

 

thanks for the help everyone *tail between legs!*

[altobelli]

Hi becky112, I think the contact from the boss counts in your favour, it demonstrates that you haven't clearly and unambigously resigned in the eyes of the company.

 

The advice from Bombaymix is good and I would proceed along those lines.

 

To clarify my first post, I was incorrect in saying the employer is obliged to consider a heat of the moment resignation. If an unambiguous resignation is given, the employer can accept it, but if it was given when an employee was under pressure, and the employee subsequently changes their mind and the the resignation is still accepted, the employer leaves themselves open to a claim as the employee might be regarded as having been dismissed rather than resigned. This doesn't have to be in your contract, it is general guidelines for employers.

 

Your 'resignation' is not unambiguous and I would get in touch with the company asap and say you have reconsidered your decision.

[Bombaymix]

Google "resigning in the heat of the moment"

 

The following link is more guidance for employers. You resigned after an argument. You were wound up about things. If your employer is "fair" then they should give you a cooling off period.

 

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1073791207&type=RESOURCES

 

Whatever you do, if you regret your decision. Act as soon as possible. Go to their disciplinary hearing. You can deal with any punishment afterwards! They've given you a reason for the 8 day delay. I'm totally sympathetic to your anger. 8 days is a long time. The fact that you wasn't suspended spells out that it wasn't likely to be a disciplinary that led to dismissal.

 

Good luck. Please keep us updated

[honeybee13]

Hello there Becky.

 

Do you have a contract of employment please? And if you do, can you tell us what it says about notice periods?

 

My best, HB

[becky112]

IT SAYS "you are obliged to give the company 4 weeks notice to terminate your contract of employment"

[dosb123]

Do you have more than one boss? Could you speak to the nicest one there?

[becky112]

she was the nice one! The other is coming back off holiday hence the delay.

[honeybee13]

Hello again. I'm sorry I didn't notice the 4 weeks part.

 

I'm not one of the forum professionals and I hope they will be along later, but I think you could be in a tricky position. I have a feeling that resigning while under investigation could be a problem, although it may emerge after discussion here that you are not at fault.

 

But people who have resigned whilst under investigation have had that quoted in their references afterwards. And in some circumstances the company can have a claim from you for cost of hiring an agency worker to cover your work.

 

I hope the guy[esse]s will be along soon, I know they were here earlier.

 

My best, HB

[Emmzzi]

bang on the money honeybee.

 

a) any reference can refer to "left under investigation"

b) they can conclude the investigation without you if you do ot cooperate

c) you are due them 4 weeks notice and if they have additional costs eg overtime for others covering you, may be able to claim that from you

 

on the plus side they have no paper trail of you resigning so you may get away with "what resignation?" and turning up for shift as usual.

[honeybee13]

Thank you Emmzzi for confirming that. I hope to be learning a bit all the time.

 

HB x

[becky112]

Hmm I do have witnesses to my resignation (colleague)

 

My boss has text me again to ask for my resignaton in writing but she is not answering her phone. I think thats to get me to text her so she can print it.

according to my colleagues boss has already sent an advert to job centre website!

 

Think I may just have to start looking for something else and hope i can use previous employers (before this) reference. Can i use the old boss even though they niow work for a different company? or does it have to be current company

 

Thanks so much for all your help youve all been lovely to me i would love to buy you all a drink if i could!

[Emmzzi]

I would ask the boss, "If I resigned in writing now, what kind of reference would I get"? But I'd ask verbally. So next time you get a text reply "please call me to discuss."

[altobelli]

becky112, what would your preferred outcome be - to go back or leave now with a reference?

 

If the latter, I'd do exactly as Emmzzi suggests in the last post. but its important to act as quickly as possible, whatever your decision.

[Bombaymix]

Becky? Have you text your boss back to confirm that it wasn't your intention to resign? I wouldn't usually consider texting, but as that seems to be your bosses preferred method of communication, might be worth a try?

 

I wouldn't go into great detail via text message just in case they are printed off, but I'd certainly reply advising them that you haven't resigned.

[TheUmp]

I would suggest going to your doctor as you seem to be suffering from stress and or anxiety. A fit for work note, sent to your employer with maybe a covering letter saying that you may or may not have said soemthing in the 'heat of the moment' but that you want to come back to work as soon as possible, and then take the Disciplinary investigation as it comes, as you are covered by law as to any potential outcome of that

[Emmzzi]

I would suggest going to your doctor as you seem to be suffering from stress and or anxiety. A fit for work note, sent to your employer with maybe a covering letter saying that you may or may not have said soemthing in the 'heat of the moment' but that you want to come back to work as soon as possible, and then take the Disciplinary investigation as it comes, as you are covered by law as to any potential outcome of that

 

Suggestions of fabricating illnesses are another reason I often take the employers side

[TheUmp]

I'm not suggesting any fabrication at all. I am not a doctor and have no medical backgound, but having a disciplinary investigation hanging over you, and as is stated fearing the sack, and then the manager not answering their phone to you, when that has been their chosed mode of contact, would certainly cause me stress, and I would be surprised if it wasnt stressful to becky. The fit for work note doesnt always say that you should be or remain absent, it is a doctors advice!

[Surfer01]

Also be aware that you may not be able to claim benefits fro about 13 weeks. Can someone else please confirm if this is correct?

[madari]

Hi All,

 

I have briefly read some of the posts above.

 

There is established case law on `heat of the moment`resignations.

 

Please google : Ali v Birmingham City Council EAT /1313/08

 

Good luck

[honeybee13]

Also be aware that you may not be able to claim benefits fro about 13 weeks. Can someone else please confirm if this is correct?

 

Hello there.

 

I think this question is best asked on the benefits forum. I can never remember what the rule is for resignations, but the guys there will know.

 

My best, HB

[assisted blonde]

I really think that there is far too much of people going off sick because of stress, of course a disiplinary hanging over you is stressful but thats life and really not a reason to be running to the Doctor and taking up appointment times that are hard enough to come by anyway.

Obviously there are cases of serious stress and illness and those people do need to see the Doctor but not for somthing like this.

Go to the meeting apologise say it was said in the heat of the moment and hope for the best, but dont start playing silly so and sos with sick notes, its not worth it and again is that somthing you want on your work record?

Employers arnt syupid and going of sick now will do nothing except delay the inevitable which IMO would cause even more stress.

[altobelli]

assisted blonde, stress is a recognised illness. I think there is still a view held by some people that because different people have different tolerances for stress and stress is triggered in different people by different things, and because a person suffering from stress will not appear to be so 24/7, that stress is somehow an imaginary illness, as it is not as apparent or easily diagnosed as a physical ailment. It is felt that one can somehow pull themselves together and snap out of stress. This is not the case.

 

Stress is the most common cause of long-term sickness in the UK, costing the economy billions. A large degree of stress in the workplace could be avoided, it results because people don't understand stress, don't care if they are causing it, or don't take the time to consider that their actions (drawn-out formal disciplinaries when an informal approach would have better results, unneccessary suspensions, etc.) could cause stress in others. Then when stress occurs, the person suffering from it is blamed because those responsible for causing it can't accept the consequences of their actions.

 

The OP here has lost/stands to lose her job. This is a potentially stressful situation for anyone. If she feels stressed by this, the worst thing she could do is bottle it up. She should get support to the degree she feels necessary, including going to a doctor if she sees fit.

 

With regards to the problem she faces, BombayMix has provided good advice should she wish to try and return to work, likewise so has Emmzzi should she look to leave.