Told my employer I was leaving, didn't end well!
Discussion
Employment tribunal in the OP's case is a big gamble should he be considering it.
A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
Move on would be the best option.
A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
Move on would be the best option.
A lot of amazing bad advice from apparent employers practising wishful thinking, something that is very common here.
Your employer must still follow their own dismissal procedure before they give you notice.
You should already have been provided with an employee handbook that sets this out, if they haven't they've weakened their position considerable, because as the non-drafting party to the your employment contract any unknowns will fall in your favour.
Then try the companies own grievance procedure, if they don't have one, the same as above applies.
If you do not get satisfaction then give ACAS a call
http://www.acas.org.uk/index.aspx?articleid=1670
Martin4x4 said:
A lot of amazing bad advice from apparent employers practising wishful thinking, something that is very common here.
Your employer must still follow their own dismissal procedure before they give you notice.
You should already have been provided with an employee handbook that sets this out, if they haven't they've weakened their position considerable, because as the non-drafting party to the your employment contract any unknowns will fall in your favour.
Then try the companies own grievance procedure, if they don't have one, the same as above applies.
If you do not get satisfaction then give ACAS a call
http://www.acas.org.uk/index.aspx?articleid=1670
They haven't done that. The OP has resigned. See the letter quoted above.Your employer must still follow their own dismissal procedure before they give you notice.
You should already have been provided with an employee handbook that sets this out, if they haven't they've weakened their position considerable, because as the non-drafting party to the your employment contract any unknowns will fall in your favour.
Then try the companies own grievance procedure, if they don't have one, the same as above applies.
If you do not get satisfaction then give ACAS a call
http://www.acas.org.uk/index.aspx?articleid=1670
They are merely enforcing his one-month notice. I understand and applaud the OP's motives but it is a harsh lesson.
Jonsv8 said:
robinessex said:
If you are going self employed, why not start your new business 3 months earlier ? Put your energy there, not waste it with legal arguments with your last employer.
Because he's getting married in the middle of his proposed notice period which of course wouldn't be a distraction at allTankRizzo said:
They haven't done that. The OP has resigned. See the letter quoted above.
They are merely enforcing his one-month notice. I understand and applaud the OP's motives but it is a harsh lesson.
I still don't think he has resigned. He has just told them he intends to resign.They are merely enforcing his one-month notice. I understand and applaud the OP's motives but it is a harsh lesson.
In the circumstance not worth running unless he wants to wind the company up. If I was him I would, as they probably think they are clever
s.Only one way to settle this matter.....
TankRizzo said:
They haven't done that. The OP has resigned. See the letter quoted above.
It's not clear that he has. From his email:"Please let me know if a written notice is required now or 1 month before I intend to leave.
Now it might well be that the contract requires notice in writing (so it's signed). If this is so, then the OP has not given notice to quit, so there is no resignation.
Moreover, his statement that he intends to leave might not be deemed to be resignation.
don'tbesilly said:
Employment tribunal in the OP's case is a big gamble should he be considering it.
A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
It's free to write them a threatening letter.A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
Also it's not a minimum, it's £250 to get the ball rolling, £950 more only if they don't then settle.
As an alternative, the county court fees are:
- issue £1.5k - £3k - £105, then hearing: £170
- issue £3k - £5k - £185, then hearing: £335
- issue £5k-£10k - £410, then hearing: £335
See also the following. http://www.hrzone.com/engage/managers/ask-the-expe...
There seems to be a difference of opinion on the subject.
Also it depends what the contract actually says. My wife's contract, for example, says 'minimum notice'. Clearly that should not preclude giving MORE than the minimum.
There seems to be a difference of opinion on the subject.
Also it depends what the contract actually says. My wife's contract, for example, says 'minimum notice'. Clearly that should not preclude giving MORE than the minimum.
Whichever way you look at the email the employer has acted incorrectly.
If it is deemed a resignation notification it clearly gives a resignation date, three months hence, and the employer cannot lawfully deem it to be an earlier date.
If it is not deemed a resignation letter the employer has terminated his employment without reason or due process.
If it is deemed a resignation notification it clearly gives a resignation date, three months hence, and the employer cannot lawfully deem it to be an earlier date.
If it is not deemed a resignation letter the employer has terminated his employment without reason or due process.
PurpleMoonlight said:
Whichever way you look at the email the employer has acted incorrectly.
If it is deemed a resignation notification it clearly gives a resignation date, three months hence, and the employer cannot lawfully deem it to be an earlier date.
If it is not deemed a resignation letter the employer has terminated his employment without reason or due process.
I think you're only half right. If it is deemed a resignation notification it clearly gives a resignation date, three months hence, and the employer cannot lawfully deem it to be an earlier date.
If it is not deemed a resignation letter the employer has terminated his employment without reason or due process.
If it's deemed a resignation letter then his attempt to vary his notice period has been rejected. You can't have a one month period and think you can vary it without agreement.
If it's not deemed to be a resignation letter, then his employer has, as you say, terminated his employment.
The letter has contradictions in it but it does clearly signal he is ending his employment. The employer could have asked for clarity in what he was saying, but as they don't want people like the op on site who are leaving they had little choice, otherwise anyone in his situation could write and say 'I'm leaving in 3 months' (or longer) and get garden leave for that time and the contracted month. It would make a lovely paid for honeymoon. How would that be right? If they were happy for him to work his notice they may have accepted the longer date.
If it went to tribunal this is the crux I imagine. The employee would need to demonstrate this was not a resignation and if he'd done nothing else on the matter his employment would have continued indefintely. The employer would need to demonstrate this was sufficient declaration of resignation and the count down clock started. It pretty much has to be one or the other.
Jonsv8 said:
PurpleMoonlight said:
berlintaxi said:
How do you know, as you say neither of us have seen the contract.
Enlighten us
k all.
PurpleMoonlight said:
Jonsv8 said:
Why the headbang? You've assured us of sonething but admit you haven't seen the contract
Enlighten us
How many times to I need to state that an employer cannot prohibit an employee serving more than the contractual minimum notice period?Enlighten us
PurpleMoonlight said:
Jonsv8 said:
Why the headbang? You've assured us of sonething but admit you haven't seen the contract
Enlighten us
How many times to I need to state that an employer cannot prohibit an employee serving more than the contractual minimum notice period?Enlighten us
http://www.fairwork.gov.au/ending-employment/notic...
It's aussie (couldnt be arsed to keep looking for UK but feel free) and its for the employer to accept the longer notice period.
You can say it as many times as you want but that still doesn't make it right. Point to UK employee law and we might accept it.
thelawnet said:
don'tbesilly said:
Employment tribunal in the OP's case is a big gamble should he be considering it.
A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
It's free to write them a threatening letter.A claim for unfair dismissal would cost a minimum of £1200 just to get the ball rolling, and should the claim be lost the OP may end up with further costs from his ex employer for legal costs they incurred.
Also it's not a minimum, it's £250 to get the ball rolling, £950 more only if they don't then settle.
As an alternative, the county court fees are:
- issue £1.5k - £3k - £105, then hearing: £170
- issue £3k - £5k - £185, then hearing: £335
- issue £5k-£10k - £410, then hearing: £335
I'm been on the employer side dozens of times and the only time we fold is if we think we're going to lose - once that I can recall.
If you're going to give the OP advice, I think it's only sensible to encourage him to investigate the average ET settlement (he may be surprised) and to take into account all of the implications of terminating his employment on bad terms - win or lose.
I'd add it seems likely the OP is far from a high flyer. That will impact on his settlement and make it even less likely that the sums will stack up, even before you take the bad blood into account.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff