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

[CraigJ]

Just looking for some advice on this. Is it worth chasing.

Yesterday I emailed my employer stating I planned to leave the company on the 30th of June this year to go self employed.

To day I have been told to leave with 1 months pay. (My notice period is one month) I stated I was planning to leave in three months, And asked if they were happy to take three months notice or if I had to submit my notice in two months time.

It basically it feels like I have been sacked and given a months wages and told to do one.

Are they allowed to do this legally? or do I have any legal right to ask for the two months pay I would have earned?

[CraigJ]

I have been there just over three years.

It simply feels that I have been shoved out of the door as I am going self employed.

I thought I would do the right thing and let them know as the job I do is not easy to find replacements for.

[CraigJ]

Sheepshanks said:

I'm not clear from reading that if:

1) You resigned, or just told them you intended to resign.

2) They sacked you, or just told you that in order to leave you need to give a months notice.

I emailed HR stating that i intended to resign on the 30th of June 2015.

Today I was asked to meet with my manager. All my work related items were taken from me and I was told I am no longer needed and one months pay will be received.

[CraigJ]

LoonR1 said:

Why did you do that? Over the years I've had a few people do it at various levels, all of whom were close to dismissal or disciplinary proceedings starting. All of them did it to try to stave off the inevitable by thinking it gave them some sort of immunity. Not saying that's the case with you, but it's a strange thing to do

Are you going self employed in the same industry? Are you actually just going to contract on a self employed basis with a competitor? Or are you genuinely starting up a business in your own? Even then, will you be competing?

I worked as part of a service team. The reason in letting them know is it is hard to find replacements and I offered to help train a who ever replaced me.

Yes I will be in the same trade but self employed doing a similar job. I was in this trade before I worked for my now Ex-employer and already had built relationships with clients.

[CraigJ]

Mermaid said:

prevent any risk to them.

This bit I do find funny as it was said to me today by my manager. I'm not sure what risk me on my own will pose to a wolrdwide multi-billion Euro company .

[CraigJ]

daveinhampshire said:

I suspect they have rules in place especially if they have an awareness you may be competing with them at some level. Simply because they are a large company doesn't mean they are unaware of threats, a small contract loss can be the difference between profit and loss.

I'd move on, get some agency work in if you can and like others have said, give people the minimum amount of information, you do not owe them anything. Loyalty from employers to employees has long gone, they can't complain when that is reciprocated.

I understand this. To clear it up there contracts are on a warranty basis for the product they supply. I will not have anything to do with there warranty work.

What i will be doing is offering work on out of warranty items plus other work in similar field that they do not offer at all.

I was in this trade before I worked for them. They approached me to work for them 3 years ago. I already had built up a business relationship with all the clients before I worked for this company.

Edited by CraigJ on Tuesday 31st March 20:01

[CraigJ]

TooMany2cvs said:

Ah, OK - not as clear from the OP as it could have been.

<shrug> The contractual month's notice without actually having to go to work. Again, there's a downside?

The downside is i would have worked for 3 more months not 1. So i am out of pocket around 6K.

[CraigJ]

Mopar440 said:

^^^ This.

I really wonder what the OP thought was going to happen? I think in most companies you'd be marched out the door in similar circumstances. Business is business, as the OP has found out.

So your saying its ok to simply dismiss an employee because he is going self employed?

I'm not trying to get into a legal battle if what they have done is all above board. I'm just asking if it is legal.

They way it comes across is that I have made them aware I'm leaving in 3 months so I have been sacked and give a months pay for my trouble.

I didn't give the 1 months notice. I sent an Email asking i was to give 1 or 3 months. Only last week a different Employee sent his Notice via email. He was told by HR that they could not accept it and he had to sent it in in writing.

[CraigJ]

Mopar440 said:

But that's neither here nor there.

What did you really expect? This is the real world. You've told them that you are leaving to start up on your own in the same field. Presumably using all the expertise and contacts that you have achieved under their employ. Are you really so naïve?

Like I have already stated. I was in this field of work for years before I worked for this company. I was approached by them because of my knowledge and expertise in the field. I already had a business relationship with the clients i worjk with now. The only thing that has changed was the company that paid me each month.

And you dodged my question, are they in there legal right to dismiss me with one months pay because I have stated my intent to leave in 3 months time? I have asked for advice yet all you are doing is spouting crap and building a post count. If you have nothing useful to add then don't fill this thread with your unhelpful crap.

[CraigJ]

9mm said:

Post EXACTLY what you wrote to your employer, word for word.

I'm waitng for the email to be sent back to me. I was locked out of my work laptop so was unable to take a copy today. Once it is forwarded to me i will post the email.

[CraigJ]

anonymous said:

[redacted]

Just the 2 months pay I would have earned. nothing more, nothing less.

[CraigJ]

Sheepshanks said:

Wonder if rather than going to a Tribunal, OP could just use the Small Claims system? Big companies don't like legal action hanging over them so might just pay it, or he could even win by default. No idea what the chances of success are if they take him on though.

There's always a danger in all this (which I suppose exists anyway, but could be worse the more he pokes his former employer) that they might try and block his new venture.

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?

[CraigJ]

desolate said:

It's late and I may be missing the point, but a company just doesn't have the right to give one month's notice and get rid.

This is my point. I am waiting on a letter to explain but I was told today that they are using the email I sent as my months notice which it clearly isn't.

If they have breached the contract then from what I have read on line on legal sites the contract will be null and void. I will be happy with this and get on with my life as I will have no worries and they can keep the 2 months pay.

[CraigJ]

Sorry but was just going by what I had read on this Solicitors website about the covenants being void if my employer has broken the contract.
http://www.lindermyers.co.uk/are-restrictive-coven...

[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."

[CraigJ]

Thank you for all the replies.

Just to clear things up. It keeps being said that my email was me giving my notice. Two weeks ago a colleague with doing the same job with the same job title gave his notice by email. He was told this wasn't acceptable and was told it needed to be sent in writing and signed.

I will be in touch with an employment solicitor today who has come recommended and has agreed to take a look.

Just to help a few here my contract states that a week for each year I have been employed with a minimum of 1 month and a maximum of 3. I does not state that I can not give more than the one month.

[CraigJ]

No as he is going into a different trade.

[CraigJ]

Mermaid said:

What would you have you done if this had happened to you in your new business? Bigger picture matters.

Chances are pretty slim as I will be a sole trader.

[CraigJ]

allergictocheese said:

Is the OP going to post the notice provisions of his contract?

[CraigJ]

berlintaxi said:

be interesting to see what the restrictive clause says as the OP is planning to work in the same industry as his current employer, may a whole other kettle of fish.

They are the usual things, Cant approach customers/ cant poach staff for 12 months.

I have been reading into the covenants and one thing stands out. They can not just enforce them for the sake of it to stop me working, they would have to prove I was making a detrimental effect to their business before it would be allowed to court. All searches I did all came back saying the same thing. How true this is I'm sure i will fine out soon enough.