Resignation and my Rights

[IPOlackey]

Hi all,

First time I've ever needed this sort of assistance so any advice or even a pointer into the right direction would help. (Apologies in advance for the length)

I gave my resignation letter in yesterday at a company I have worked for the last 2years and 9months. I have given them my 1 month notice and fully expect to work it. My recent history with the company has been very difficult after my brother left the company and set up his own rival company. I have been suspended for 3 weeks in January whilst they decided whether or not I was in the office on a particular day even after I had given them proof that I was, all because they couldn't read a report they use on alerts. I also had my on call pay stopped without being notified first. It was agreed that I would take calls and emails out of hours at a fixed price a month to do say. They say now that as there is nothing in writing they will not pay this so I have just stopped taking calls out of hours altogether. Another issue I have is that my contract offers a pension but after repeated requests I have never been offered one.

Anyway, this is all just a backstory of why I am leaving. Now that I have handed in my notice there is a rumour that they will request me to work my notice period out of the head office in Reigate. I live in Southend and work in London presently so this will be another 1hour journey morning and evening at a cost to me of £20 per day.

I feel that I should refuse this request and speak to an employment lawyer or should I just buckle under and live out the month.

Thank you for anyone who made it to the end of that and any advice you can give me.

[strangewayofsavin]

Re: Resignation and my Rights

Firstly, to suspend you because you are associated with someone (unless they have proof) is victimisation, and you should have been given a hearing date within 14 days of your suspension to put their case forward.
Whilst you are on suspension all contact obligations will be suspended so you would not be entitled to expenses or benefits.
Firstly ask your company to give you a written explanation of what and why things are happening, once you have this then you can respond, or you can work your notice , leave and chalk it up to experience, Bering in mind your notice period would include the suspension period

[IPOlackey]

Re: Resignation and my Rights

Thanks for the response.

The suspension was back in January and I did have a hearing where I nearly laughed in their face when they explained the accusation. I proved it there and then and it was dropped a week later with no consequences. This was just my history with this awful company.

My query now is, as I have handed in my notice, are they allowed to change my place of work for the remainder of the notice period considering that this is an extra 2 hour travelling per day and an extra cost of £100 per week? Am I legally entitled to say no?

[teaboy2]

Re: Resignation and my Rights

No they can not change your place of work, as your main place of work is a contractual term even if its not stated in the contract, customary practice makes it so! Same for the out of hour call/email pay! Especially if you can prove they paid it to you for more than 6 months!

If they did try make you work at a different place of work as a result of resignation, it would amount to Victimisation and breach of contract, though you may choose to do so but only if they pay travel expenses which you would be entitled to for the additional travel/fuel costs. You may already have grounds for constructive dimissal, given the stopping of your on call pay and the questionable suspension in January. As you have worked there for more than 2 years then your eligible to take it to tribunal if you can afford the application fees.

[IPOlackey]

Re: Resignation and my Rights

Thank you very much. Will look into bringing it all up with them and then taking it to an ET. Just need to find out if it's worth the effort.

[teaboy2]

Re: Resignation and my Rights

Depends if you can afford the tribunal fees, and want the addition stress involved with going through with a claim. If they haven't yet asked you to work elsewhere, then i would leave it and not say anything until they actually do first. And just cut your losses over the stoppage of payments for on call, and move on. Unless off course the amount you would be owed for on call payments added up to a considerable amount of money. If its just a few hundred, well would it be worth the additional stress and cost that comes with doing a claim to ET.

[IPOlackey]

Re: Resignation and my Rights

Right.... so it's happened... Here is the email I have recieved...


"Hi,

As we draw closer to your last day with the company, I’d like for you to be present here at Reigate a lot more regularly. Ideally, you will be here at least 3 times a week until your departure. I’d like you to start next week with next Tuesday and Wednesday and another day of your choice. A and B are at a customer next Wednesday.

You also need to start thinking about some handover documentation. Whilst we don’t have a replacement for your position lined up yet, you’ll need to create some documentation to ease the induction of your replacement once they have arrived. Assume your replacement will have Avaya IP Office knowledge but think about specifics to customers. Thanks.

Have a good weekend and I will see you next Tuesday.


Kind regards,"

What are your thoughts on this? 3 days a week is still another 9 trips down there.

[IPOlackey]

Re: Resignation and my Rights

Oh, and just the on the On-Call pay, it was £500 pm and not paid for the last 5 months. So £2500.

[teaboy2]

Re: Resignation and my Rights

Right does your written contract state your place of work? Not a biggy if it doesn't but it would certainly help if it did.

As for the £2,500 will if its been 5 months and you not disputed it before now, then you would be deemed to have accepted it as a change in your contract terms. If they had only just stopped it, then that would have made a difference and you could have disputed it. But its a bit to late now and estoppel law would prevent you claiming it back now. So question now is, did you dispute the change in writing regarding the on call pay at the time?

We got all weekend to get back to them. But we also need to know where your current work place is. Your current working times, time it takes to travel to and from work, distances and what the travel timer and distance would be to Reigate for you. Bear in mind, your entitled to a minimum rest period between getting home and setting off to go to work of 11hrs. Traveling to work is not counted as rest period between shifts, as you clearly not resting if your traveling to work.

Regarding pensions take a look at this - https://www.gov.uk/workplacepensions...FSf4wgodal8AGg

Were you enrolled by your employer? Check you payslips for pension deductions. If not, then you need to find out what their staging date for enrollment is/was. As its being rolled out in stages.

[IPOlackey]

Re: Resignation and my Rights

I've looked at my contract and my place of work is stated as our London office. When I have meetings in Reigate I can claim back the train ticket as expenses (I don't drive) so would expect this to be the same offer for these 3 weeks.

I have disputed the on-call pay since they stopped it and it has been brought up in every 1 to 1 meeting with my manager. They started messing around with it in October but they did eventually pay it up until December. Since then they haven't, and my manager has asked if I can provide any documentation confirming that I should be paid this. It was in my offer letter but I cannot find the email and it is not in my personnel file.

I think it's at the point where I should take tomorrow off sick and go see a lawyer.

[teaboy2]

Re: Resignation and my Rights

To prove that they offered to pay your on call, you simply need to produce evidence that it was paid since you started - PaySlip?

Once you have the proof it was always paid, then regardless as to whether you have it in writing our not, it is still a term of your contract as a result of it being customary practice to pay you it. Put it this way, if they never offered you it and it was never agreed that you would be paid it, then how come you were paid it? They would find it hard if not impossible to dispute that it was a term of your contract, even if it was only verbally agreed!

Yes they would have to pay your additional travel expenses to Reigate, but you do not have to agree to work the remainder of your contract at Reigate since its not your main place of employment. I'd be interested in knowing why they do not want you to work the remainder of your employment at your normal (Contracted) place of work? Why do they want you to work it out at Reigate, what can you do their that you can not do at your current contracted place of work?