Told my employer I was leaving, didn't end well!

Told my employer I was leaving, didn't end well!

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Discussion

CraigJ

Original Poster:

599 posts

206 months

Friday 3rd April 2015
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I have been in touch with a solicitor but was unable to meet with him yesterday and they are now closed for the Easter bank holiday. It will be Tues/Weds now before I can meet with them.


CraigJ

Original Poster:

599 posts

206 months

Saturday 4th April 2015
quotequote all
9mm said:
What do you think he is going to get out of this, net?

We're going to have to do a bit of guessing here but mine is that the OP is on about £20K a year basic.
Almost 34k without bonus. Take home just over 2k a month take home. Like I said I'm out of pocket by just over 4k. not a lot to some but a lot to me.

CraigJ

Original Poster:

599 posts

206 months

Sunday 5th April 2015
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I was already in the same trade but working for a competitor that covered a few manufacturers products. I now work for the manufacturer of one of the products. For example if you were a VAG specialist then left to work for just Audi.

I will be continuing in the same trade but offering my self to work on all the products again not just solely on the product who's manufacturer I have been working for.

My main reason for leaving is that there isn't really anywhere to progress too in the business and if I'm going to be doing this for a lot of years to come I'd rather give it a go for my self.

The job I do has two parts. The spanner part can be taught to just about anyone but the diagnostics side of it takes a lot of time to learn and after doing this for quite a long time I'm still learning everyday.

Recently the company has lost 2 engineers and me now being the third with 2 others looking to be going soon also so I was trying to be helpful and not leave them too much in the st.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
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Monkeylegend said:
E-mail, is this the way it is done nowadays anyway?

In my time you wrote a letter and handed it in personally to your manager, at which time you had a chat and all was hunky dory. Any misunderstandings, if there were any, were sorted out there and then, face to face.

What has happened to talking nowadays. All you youngsters seem to hide behind e-mails. They are a curse I tell you.

Signed: A Luddite.
I'm a service engineer and based from my home address over 200 miles from the office which I have only been to maybe 5/6 times in 3 years. Popping in for a chat is hardly a 5 minute job so all communication is done via email and the odd phone call.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
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As already said above. A replacement would be in roughly the same area and we would meet at which ever site required help on the particular day.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
quotequote all
The 30th of June was decided due to me getting married in the middle of May and I will then be away for a further 10 days on my honeymoon.

Going self employed and then being unavailable for for around 2 weeks would not be the best start.

As again with the customers concerned, I already had a long professional relationship with them before I worked for my current employer. I can also add that the large majority have already been asking for my personal contact details.


CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
quotequote all
berlintaxi said:
So you have already informed your current employers customers that you are going self employed offering the same service as your current employer and have been providing your contact details for future use?
That isn't what I said though is it?

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
quotequote all
berlintaxi said:
It's how it comes across.
No, that is how you are trying to interpret it.

The reason this thread is going is because of how my employer has interpreted some thing and hadn't bothered to seek clarification before taking action.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
quotequote all
The only emails that have been sent were the first one from me to my employer. I was then phoned and asked why I was intending to leave. I told them I was planning to go self employed. I then asked while on the phone if they would find out when and how my notice would need to be submitted. The conversation then went onto things that were not relevant.

The next day day I received a call asking me to bring all my work equipment to a local site.

I then started this thread. On advice from here I sent a new email asking for my reason for dismissal and a copy of the first email I sent. The reply from the email I posted on here.

Over the weekend a new email has been sent to clarify my intentions and I'm hoping for a response some time this week. The advice for this email was taken from a Contract law solicitor I have been in touch with. The purpose of the email is to try and resolve this in an amicable way and avoid the need to take things further.

As for the comment I put earlier about customers asking for my contact details. I have been in this trade a while and know a lot of people in it especially the ones at the site where my equipment was taken too. They were told the reason behind it (not by me I may add) and they have in turn told all the other sites. I was called the other day by a friend in the trade (nothing to do with the company I work for) and told my contact details were being asked for from every site he has been visiting.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
quotequote all
Roo said:
Surely how the resignation of the other employee was handled has nothing, whatsoever, to do with the OP as their contracts could be entirely different.
Already checked there the same.

CraigJ

Original Poster:

599 posts

206 months

Monday 6th April 2015
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Mopar440 said:
So if you're in such demand, why are you bothering with all this internet forum nonsense?
Why not?

I can not work for at least a month then in May I will be busy with wedding stuff so it will be June now at the earliest point before I will be back working.

The advice I have had so far from a solicitor is looking promising but only time will tell now.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Right, I have spoken with an employment law solicitor this morning and things are looking good.

He has given some good advice and is in the opinion that this can be resolved with out it going too far. He has advised to see what reply I get from the email I sent over the weekend and if it doesn't come to an end he suggests contacting ACAS and starting early conciliation.

He has also said the first line of my first email is really irrelevant as I have put a date that I intended to leave and this is what made the difference. He has stated that the 30th of June is the date I should be paid up to.

Just a waiting now for a response from my employer.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Jasandjules said:
Indeed but this is a question I have repeatedly asked. The date of any such note is also important, assuming one was sent (which I suspect not).
Then you suspect wrong.

As of today I haven't had a email back so I presume they are now getting advice on how to deal with it correctly.


CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Hello XXX

I would like to avoid consulting an employment law solicitor and settle this in an amicable way and hopefully avoid legal proceedings.

To set this out clearly my email was not my resignation but advanced warning that I may leave on the 30th of June 2015.

I specifically asked, and I quote

"Please let me know if a written notice is required now or 1 month before I intend to leave"

This in its self shows that the email you received was not a resignation and that XXXXX have actually dismissed me.

I would also like to point reference to XXXX XXXXX. In a recent conversation with XXXX and myself it was brought to light that he was required to send a written notice and he was told directly by XXX XXXXX that an email Notice was not enough to bring his employment to an end.

Can I please ask that any future correspondence be sent by either email or in writing rather than a phone call.

Thank you

Craig.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
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Driver101 said:
OP, I think a lot will come down to how it was worded, but you did say in the opening post that you did plan to leave.

Now you are backtracking and making it sound as if it was just an enquiry. Earlier in the thread it did sound as if you were sure you were going.

Why would you even be enquiring about handing your notice in when you don't have alternative employment?

Edited by Driver101 on Tuesday 7th April 19:17


Edited by Driver101 on Tuesday 7th April 19:18
My email was advanced warning of my intent to leave and not my notice. If I intended it to be my notice I would not have asked when they wanted my official notice would I?

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
ADEuk said:
The first email asks if they want notice in writing now or in 2 months time. If they had replied 'now please' what would you have done?
By saying now they would have been agreeing to 3 months notice. I was asking if they wanted 3 months now or 1 months notice a month before I intend to leave.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Jasandjules said:
Why does the email on 31 from the employer state "To confirm". Was there nothing else before that point?
I sent an email asking for the reason for my dismissal. That was the reply.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Intend or May, I don't see the problem.

If my employer has a problem I will re-submit the email with the word "intend" if they like. It makes no difference to me.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Jasandjules said:
And what prompted that request?

And in your email asking for the reasons, did you confirm that they had made a mistake and you had not tendered your notice?
I was under the impression i had been dismissed.
This is the email i sent

Hi XXX

Could I please have in writing the full reason for my dismissal within the next 14 days.

Thank you

Craig.

CraigJ

Original Poster:

599 posts

206 months

Tuesday 7th April 2015
quotequote all
Monkeylegend said:
It probably will make a difference.
the Email has been seen by a Contract law solicitor and an Employment law solicitor and neither had a problem with the wording. Unless any one here can show there credentials in employment law it seems pointless trying to argue over one word.

My intentions are clear and I will be going self employed. I would have not spent thousands buying equipment etc if I was not certain I was going on my own.