walked out of job after being physically threatened

[notamug]

This was Saturday night I was duty manager and had a member of staff tell me that he was going to smash me through the front door after being proven wrong after accusing me of theft this all happened in the space of 60 seconds.

I walked out of the business and submitted an immediate resignation ( heat of the moment) after being physically threatened, I had a phone call Sunday asking me to work and was told because of the points on my resignation that a investigation would have to be started.

The business is having a change of management today and previous manager departed site yesterday and the other manager is currently suspended.

 

This is a large brand in the hospitality business

[notamug]

Obviously I refused to work and was told we will accept your resignation then but investigation will need to be launched

[stu007]

Hi

 

What assistance is it you are actually after to stop resignation, the threat against you by that staff member?

[notamug]

Obviously this is unacceptable but the company don't seem to care no phone call from them only to see if I could work have emailed area manager and no reply. There are several other issues every 6 hours we are clocked in we are deducted 20 minutes weather we take a break or not. Our site is under a head office investigation resulting in general manager being suspended. I have been doing duty manager shifts and my till key programmed to management and had no pay increase or training all because they short staffed. Also on a 40 hour contract recently broke my wrist and was in plaster to be told by work we need to speak to hr to see if you can work this took 4 days I was avaviable to work and only had 4 hours pay as was told not to work until they had spoken to hr

[notamug]

Violent and aggressive behaviour is gross misconduct

[stu007]

Hi

 

Correct that would be Gross Misconduct but I am surprised that the police were not called and the offender removed from company premises pending a full investigation but can understand your need to get yourself out of harms way so to speak.

 

Is that employee still currently working?

 

Now as you were under "the threat of violence and in fear of your life" you felt your only action available was to completely remove yourself from that situation.

 

Due to the physical threats made against you by this employee you were under severe stress and wish to withdraw your resignation.

 

something along those lines just my thoughts.

 

Now do you have access to the company policies at all?

[notamug]

Yes have company hand book in front of me, raised a grievance a few weeks back against an individual and was dragged into a room with the individual and told we ain't got time for this pettyness so you must get on for the sake of the business. The place is one big joke! They didn't have chance to call police as within a minute of the incident I was out the door and email of resignation was sent within the hour

[notamug]

The employee concerned is still working and as far as I'm aware no action has been taken and a new manager has arrived non site today

[stu007]

Hi

 

Now have a look at this link for ACAS: www.acas.org.uk/

 

Also you need to bear in mind that what you have in the Handbook is only a shortened version of the actual policies so you may need to write to the head office HR and request full copies of the original policies - now something to always check on the policies is the dated they were approved and importantly the date of the next review of that policy.

 

And these PDF may be of help:

[notamug]

Raised a. Grievance and had a meeting on the 22nd December was informed points would be investigated and asked about employment status and was informed that I would remain employed until grievance investigated and we would see where things went from there.

 

Today 13 days after submitting resignation and it not being actioned I attempted to submit a sick note due to injury after a car crash I have had an email stating my employment has been terminated today as per my request and that the grievance is still being investigated the outcome of which may result in me returning to employment if all parties are happy.this will be decided once grievance process completed

 

This can't be lawful yes its Christmas but 13 days after an immediate resignation it gets processed yet in meantime I had a grievance meeting where I was informed I'd remain employed during investigation.

 

This is a national chain Whitbread PLC so need to know where to go

 

I will submit medical sick note to DWP but they will not backdate

 

Points raised in grievance were

 

Breach of contract being given 3 hours when contracted to 40.

 

Over working as some weeks I worked 70 hours as they so short staffed.

 

No breaks yet they deducted

 

And discrimination as all other duty managers get pay increase apart from me.

 

Also my safety at work after being physically threatened..

 

So you get full idea my partner is also employed there and currently on suspension for apparently being rude and abusive this was 1 week after he had the resteraunt shut down and general manager sacked due to serious breaches of food safety.

 

His actions have led to me being victimised which is also unfair.

Edited December 28, 2012 by notamug

[becky2585]

I presume the reason for this is that you haven't been there a year or more?

 

Anyway, that aside - error on their part. If the primary reason for resignation was due to health and safety reasons, then you can bring an unfair constructive dismissal claim. They can't refuse to accept your resignation unless you agreed to retract it?

 

If you did, there might not be a claim, as they could clearly have non discriminatory arguments to prove why you were dismissed.

 

There's no legal discrimination or victimisation here, though. Not unless your treatment was due to age, race, sex, religion or belief, sexual orientation, gender reassignment, disability, marital status, or pregnancy and maternity.

[notamug]

It is related to me being gay and my partner whistle blowing

[notamug]

They still have not acted on there individual who threatened me

[becky2585]

Whistle blowing on what grounds?

 

Unless you blew the whistle, rather than your partner, you can't rely on that...

[notamug]

He blew the whistle on serious breaches of food safety which resulted in general manager being dismissed and the site closed for 24 hours ever since this I have been treated unfairly

[assisted blonde]

Unfairly perhaps but discriminatory is a different thing, how have you been treated differently because you are gay?