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

[belly2002]

LoonR1 said:

I don't k ow the answer, I just wanted clarit on that one element. Problem is everyone overlapped the other

So let's make up this scenario. If I am on a weeks notice and I habpnd it in and my employer puts me on garden leave for that week, even though it's not in my contract, do I really have a claim?

I can't see it but then I'm not an expert.

You (may) really have a claim (for wrongful dismissal), but you're correct in your assessment in relation to damages that will be awarded for that - it's not going to be anything more than nominal. Doesn't mean you don't have a claim though, just means it's not sensible or economic to pursue it. So 99% of cases wouldn't bother.

But there may be other things to take into account. Like whether you have been released from restrictive covenants. The other 1% may therefore choose to pursue it to establish the position of the parties, if nothing else.

And again, aside from all that, you may still also have a claim for unfair dismissal, the award for which does not require the claimant to have suffered loss. But that's not what you're asking, I don't think.

[Mr2Mike]

Mermaid said:

They could have sacked you at any stage and provide one month's notice. They have done that. Your gesture was noble, but they want you out & move on - as you should.

To legally make an employee redundant an employer has to comply with specific obligations. They can't just terminate your employment and give no reason for doing so. AFAICT the OP did not hand his notice in, but simply gave his employers notice of his intention to do so in two months time.

IMO his employer has behaved badly, and I suspect a trip to the CAB would be beneficial.

Edited by Mr2Mike on Wednesday 1st April 07:27

[Jonsv8]

The wording is important as stated by others and irrespective of your intent but one interpretation could be

- I'm resigning
- I want to work three months notice

Your employer effectively says
- we accept your resignation
- we are holding you to the 1 month contractual notice period
- we believe you being physically at work is not appropriate, we will pay you to stay away

I can't see any issue with that. I'm not sure why anyone would. You're the one who has tried to vary your employment contract.

Now, if your email could not in any way be construed as a resignation (which is why the wording is crucial) then you may have a case.


Edit - even the title of this thread starts with 'I told my employer I was leaving....' It might be semantics to you but not go them.

[Grumpy old git]

I'm amazed by the number of people who've posted, who'd apparently meekly accept this if it'd happened to them.

OP seek actual legal advice rather than the opinions of people who don't know what they're talking about. If you have legal protection cover on your car or home insurance, then contact them for free legal advice.

[LoonR1]

CraigJ said:

If i can prove they have breached my contract then all convents in my contract should be null and void. I'd be more happy about this than getting the 2 months pay I have lost as it will mean I can concentrate on my business with out having the worry if they are planning legal action.

Just to summarize:

I have worked for them for just over 3 years.
I was in this trade before I worked for them.
I was hired because of the work I do.

Monday I sent an email stating my intent to leave on the 30th of june. (picked this date as I get married in May)
Less than 24 hours later I was being told that the email I sent was being taken as my notice. (oddly thought the week before a collage gave his notice by email and was told it was not acceptable and he was made to send it in writing)

There are no disciplinary's over me and they had no idea I was going until I told them.

I am going into business for my self and I have told them. My work will not effect their contracts and I will not be doing work on just there product.

Do they have the legal right to end my employment early just because I'm going into business for my self in a similar trade or will it be seen as an unfair dismissal?

Here's the bit that I'm intrigued about. You've mentioned "having relationships with their customers before this employment", "being released from convents (sic)" I presume you mean covenants and are now " having the worry over them planning legal action".

Much more to this amd we're only getting half a story.

[CraigJ]

Just received a copy of my email back.

"I am writing to give notice that I shall be leaving XXXXX. I intend to leave on the 30th of June 2015.

I’m aware that I would only need to give one month and not three but I thought I would let those concerned know now so it gives time to find and help train a replacement.

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

Thank you.

Craig"

The only thing i have done is blanked out the company name.

On asking for the reason for my dismissal I got this reply.

"Good Morning Craig

To confirm we have acknowledged and accepted your resignation not dismissed you.

It was agreed that you would not be required to work your notice. However you will still be paid in full up to and including the 30th April which is your contractual one months’ notice."

[9mm]

Less than half.

I await, without much hope, seeing the transcript of the email from employee to employer.

My suspicion is that the employee resigned, the employer has accepted that resignation and simply given him a month's gardening leave.

[berlintaxi]

Seems fair enough to me, you resigned.

[Jonsv8]

Grumpy old git said:

I'm amazed by the number of people who've posted, who'd apparently meekly accept this if it'd happened to them.

OP seek actual legal advice rather than the opinions of people who don't know what they're talking about. If you have legal protection cover on your car or home insurance, then contact them for free legal advice.

I'm amazed that anyone can think that they can email their employer telling them they're leaving and expect the employer to do much else. If you can't see the reputational risk of an employee dealing with customers while on notice then you've never been a manager.

As I said earlier, employer has accepted the resignation and refused to vary the notice period is what appears to have happened. I would put money on them not feeling they have dismissed the OP at all - why would they given he's off anyway.

[Jonsv8]

CraigJ said:

Just received a copy of my email back.

"I am writing to give notice that I shall be leaving XXXXX. I intend to leave on the 30th of June 2015.

I’m aware that I would only need to give one month and not three but I thought I would let those concerned know now so it gives time to find and help train a replacement.

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

Thank you.

Craig"

The only thing i have done is blanked out the company name.

On asking for the reason for my dismissal I got this reply.

"Good Morning Craig

To confirm we have acknowledged and accepted your resignation not dismissed you.

It was agreed that you would not be required to work your notice. However you will still be paid in full up to and including the 30th April which is your contractual one months’ notice."

I'm afraid you've not got a leg to stand on. You resigned and tried to vary your contract.

[9mm]

Mystic 9mm.

[Mr2Mike]

berlintaxi said:

Seems fair enough to me, you resigned.

The wording of his letter is very important, but clearly his intention was to give advance warning that he was going to hand his notice in. If that is how the letter is worded, then his employers are in trouble.

[Megaflow]

AFAIK there are three way to terminate an employee:

1) Redundancy
2) Fire
3) Revoke (might not be the correct word) contract

Number 1 general effects a lot of peope and there are strict protocol's to go through. Number 2 means you need to be under some disciplinary process already, or do something worthy of gross misconduct.

Number 3 would be very rare I imagine because most companies wouldn't have a need to single out a person, however, you put your head above the parapet and *they* gave you the required one months notice.

[Grumpy old git]

Jonsv8 said:

I'm amazed that anyone can think that they can email their employer telling them they're leaving and expect the employer to do much else. If you can't see the reputational risk of an employee dealing with customers while on notice then you've never been a manager.

As I said earlier, employer has accepted the resignation and refused to vary the notice period is what appears to have happened. I would put money on them not feeling they have dismissed the OP at all - why would they given he's off anyway.

My comment was more about the mob mentality of PH than anything else, the "employer can't have done anything wrong, suck it up" responses in particular. There's really nothing wrong with asking if something is correct rather than meekly accepting it.

I'm well aware of the risk of continuing to employ someone who wants to leave, but if you think you can just get rid of an employee without honoring your contractual obligations, then you clearly have never been an effective manager.

[Vaud]

Mr2Mike said:

The wording of his letter is very important, but clearly his intention was to give advance warning that he was going to hand his notice in. If that is how the letter is worded, then his employers are in trouble.

That was my understanding. Employee goes extra mile to give notice of intention to give notice, cognisant that hiring takes time and gets screwed.

[anonymous-user]

So OP reading what you sent to HR you've resigned and offered to work for three months instead of one.

The company has said "That's fine, we accept your resignation, but we don't need you to work your standard one month notice although you will be paid for it."

They are not dismissing you, they're accepting your resignation.

I don't understand the relevance of them putting you on gardening leave either, that seems to be grasping at technicalities. It's pretty common especially when people go to work for a competitor or become self employed in a similar field.

Time to lawyer up if you really do want to push it, much will depend on the fine detail of your contract of employment and company policies.

[TooMany2cvs]

CraigJ said:

Just received a copy of my email back.

"I am writing to give notice that I shall be leaving XXXXX.

Bingo.

You have resigned. Your resignation is submitted as of that email date.

Craig said:

I intend to leave on the 30th of June 2015.

That's nice, dear.

Craig said:

I’m aware that I would only need to give one month

Correct.

Craig said:

and not three but I thought I would let those concerned know now so it gives time to find and help train a replacement.

Thanks, but not needed - in fact, we'll pay you for your month's notice, but you don't need to come in. Aren't we nice to you?

Craig said:

Please let me know if a written notice is required now

You've just done all that's needed.

Craig said:

On asking for the reason for my dismissal I got this reply.

ITYM "the reason for the acceptance of my resignation". All the reason they need is that you said you were resigning. They've accepted. What else do you expect, honestly?

[Jonsv8]

Grumpy old git said:

My comment was more about the mob mentality of PH than anything else, the "employer can't have done anything wrong, suck it up" responses in particular. There's really nothing wrong with asking if something is correct rather than meekly accepting it.

I'm well aware of the risk of continuing to employ someone who wants to leave, but if you think you can just get rid of an employee without honoring your contractual obligations, then you clearly have never been an effective manager.

Fair point but it's not what happened. There is even a full stop between the resignation element and the offer to work until a date. The clock started when he resigned

I feel for the op as the intentions were honourable and hope it's a lesson learnt as working for himself requires a better understanding of these things.

[TooMany2cvs]

charltjr said:

Time to lawyer up if you really do want to push it, much will depend on the fine detail of your contract of employment and company policies.

All a lawyer will do is say exactly what everybody in this thread has said - "You resigned. They accepted your resignation. You're free earlier than you thought you would be. What's the problem?"

[anonymous-user]

That's my opinion too, but I'm not an expert in employment law.