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Phil Hardy

Stressed by employer whilst on garden leave

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I understand but my questions are

1. Can they mail hundreds of people stating I have left with immediate effect?

2. Can they say I'm under investigation even though they have not told me?

3. With regards to them stating I am no longer an employee does this mean I no longer have to abide by my notice period?

4. Constructive Dismissal?

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I understand but my questions are

1. Can they mail hundreds of people stating I have left with immediate effect?

2. Can they say I'm under investigation even though they have not told me?

3. With regards to them stating I am no longer an employee does this mean I no longer have to abide by my notice period?

4. Constructive Dismissal?

 

Hello again.

 

I see a forum regular is hovering, but I would say to you that constructive dismissal is a hard case to win.

 

Couldn't you just destress and take advantage of the gardening leave before you start the next job?

 

HB


Illegitimi non carborundum

 

 

 

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I am trying, I'm worried that my profession reputation will be tarnished with some make believe story

The damage has been done now with the letter being posted out

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I understand but my questions are

1. Can they mail hundreds of people stating I have left with immediate effect?

2. Can they say I'm under investigation even though they have not told me?

3. With regards to them stating I am no longer an employee does this mean I no longer have to abide by my notice period?

4. Constructive Dismissal?

 

1. Technically you have left with immediate effect. You are not in the office. They haven't lied.

2. Yes. If you are under investigation, then you are under investigation. There's no law that says they must inform you. It is possible that this may give rise to potential action against them. But since we don't know what is going on, then we couldn't really comment on that.

3. You are on gardening leave. That is what you have been told. Until you are told otherwise, you are on gardening leave and remain an employee.

4. No.

 

Really though, this is a huge step for an employer to take, even if you are going to a competitor. Why would the employer do such a hasty thing and mail hundreds of people with comments like this? The chances of it rebounding on them and affecting their client base is enormous. I cannot see how this possibly benefits them. So - is there something for them to find?

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Absolutely not

 

In that case your options at this point in time are limited to (a) ignore it, or (b) formally write to your employer, asking for an explanation of their actions and allegations, and reserving the right to take legal action unless they rescind their allegations in full and inform their clients as such. Truthfully, the latter may be a bit of a bluff - there isn't really anything to go on right now to say whether that is possible or not. Before you do the second, you need to be sure that you are not being lied to. There appears to be altogether too much blabbing about your business going on at that place for my liking. Can you get evidence that this tale is actually true? Because, honestly, it seems very unlikely. I am struggling to see how putting an outright lie, in writing, to hundreds of clients, makes any commercial or logical sense. It is just too easy to evidence, and to refute, and although defamation is beyond the means of most people, there are potentially other risks both legally and to the commercial base.

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I just went through your previous posts more carefully than I had time to yesterday. You do not have a copy of your contract, and you cannot remember whether you have a restrictive covenant in it. If you do, that would certainly be something to investigate. Which would make everything they allegedly said true.

 

I want to ask again, and more specifically - you say previously that your boss has threatened to ruin your career, and now that they are writing to ALL clients about you. Plus "someone" had been phoning your new employer to ascertain whether you are going to work there - your assumption that this is clients doesn't make that true. Specifically, what are the threats that were made? Do they relate to a restrictive covenant? If not, to what? This is ramping up too quickly, and I simply cannot credit that an individual manager is able to do all of this on a whim. There is something underlying all this that we are missing. And without knowing what is going on I am concerned that any advice is going to make things worse, not better.

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Ok I hope this helps

My employer has sent out letters stating what I have previously said, I have seen the letter as a friend showed it to me

In a meeting with my immediate boss, the boss who I handed in my resignation to, he said "I will make sure you are unemployable"

This was said in the presence of the HR Manager

Customers have phoned my new employer looking for me as they want to deal with me, it was not my previous employer they wanted to deal with but me as we have built up a very good relationship with many of my customers

I do not think there is a restrictive covenant with the way a letter was worded regarding them accepting my resignation as it stated I could not speak to customers until my notice period had ended ( 4 weeks)

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Sorry, but that is just reiterating what you have already said, and on that information the actions of the employer appear to be inexplicable. Irrationally so. Which may be the case. But I am not comfortable advising on this situation because I cannot see any sense to it. I really think that you need to consult a solicitor. It may be that the employer is insane, but it isn't my expectation of employers in general. The manager throwing a wobbly is bad form, but of very little concern on its own. But sending out hundreds of letters making "false allegations" is an entirely different ball game. I can't see many employers not stopping to consider that course of action landing them in court. There are plenty of ways of playing Chinese whispers without going this far. The lack of a logical explanation makes me cautious.

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They might be trying to generate some kind of hysterical 'no smoke without fire' response by their actions (as you can see from some of the replies you've had on here, this can sometimes work!). However, sometimes there is smoke without fire, and you should be taken at face value on this type of forum, its here to help you.

 

 

Best option is to put something in writing to the employer detailing the manager's conduct and HR's condonement of it and ask them to cease what they're doing.

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They might be trying to generate some kind of hysterical 'no smoke without fire' response by their actions (as you can see from some of the replies you've had on here, this can sometimes work!). However, sometimes there is smoke without fire, and you should be taken at face value on this type of forum, its here to help you.

 

 

Best option is to put something in writing to the employer detailing the manager's conduct and HR's condonement of it and ask them to cease what they're doing.

 

This is the second old thread you have dug up to have a go at other posters. In fact, I might think it were personal. Especially since you only have two post ever!

 

It's you again - isn't it? Another alter ego moment?

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