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I was dismissed from work last Friday for no reason other than my line manager handed in his resignation. I was going to resign also but was told false information by my employer that prevented me from doing so, and they were able to front-run my resignation to save them having to pay out an extra month of salary.
I have two questions that I'm really hoping someone can help with:
1) If employment is terminated verbally, does it have to be express/very clear? (My employer is arguing that when I was first pulled aside by the business head, they talked about my notice period and that is sufficient for termination. There was no mention of dismissal/resignation/redundancy whatsoever. I believed that we were talking about my notice period if I was to resign).
2) Can you be fired after you resign?
I have been employed for less than two years at my current employer so presume I have no recourse under unfair dismissal.
Story background:
My manager resigned last week and I was immediately pulled into a room by the head of the business unit. I was told:
1) To act normally and not speak with anyone internally or externally until they had communicated to the business about my manager's resignation. I was told I could sit down with HR and discuss all options the next day.
2) I was told there were other opportunities I could apply for within the business.
3) I could stay and work any notice period
Based on these statements (all of which have turned out to be false), I chose not to resign and respected the request to keep it confidential until we discussed with HR.
The very next morning I received an email with a termination notice from HR before any communication to the business place. I was told my access would be cut shortly and that I could not remove any materials from the building. I never had the meeting that was suggested in point 1) above before I received this email.
The point of contention is in my contract, if I resign I have to give two months notice, whereas if I am terminated they only have to give me one month's notice.
I can only think the intention of the initial meeting was to lie and buy time in order to serve me a termination to front-run my resignation. I would think there are reasonable grounds for misrepresentation here? I have evidence all three statements are false.
I am wondering however that if I argue that I would have resigned, could they have fired me me after my resignation anyway, and then essentially I would be in the same position?
I am also wondering how employers have to communicate a termination notice to employees. In the initial meeting, I was never told that I was being terminated, made redundant, or dismissed. There was talk of being able to "work my notice period", but this was after I started asking HR related questions and from my perspective it was implied that I might resign.
My company is arguing that they told me I was being terminated in that meeting, saying "we discussed your notice". I believe this is a very ambiguous response, and I would've thought to terminate an employment it has to be very clear?
The next morning when I received the termination notice, it said it was effective as of Friday (that morning), whereas the first meeting took place on Thursday evening. I would have thought this completely contradicts what they are saying. If they served me notice on Thursday then should that not have said that my employment termination was effective Thursday, and not Friday?
I have not received the reason for my termination yet, or had any communication since I was forced to leave the building.
I have been employed for less than two years so presumably there are no grounds for unfair dismissal, but there seems to be reasonable grounds for misrepresentation since I relied on false information that has caused me to lose an additional month of salary.
Any help would be really appreciated here, I've been nothing but good to this company and they've acted so terribly just to save an additional month's salary.
I have two questions that I'm really hoping someone can help with:
1) If employment is terminated verbally, does it have to be express/very clear? (My employer is arguing that when I was first pulled aside by the business head, they talked about my notice period and that is sufficient for termination. There was no mention of dismissal/resignation/redundancy whatsoever. I believed that we were talking about my notice period if I was to resign).
2) Can you be fired after you resign?
I have been employed for less than two years at my current employer so presume I have no recourse under unfair dismissal.
Story background:
My manager resigned last week and I was immediately pulled into a room by the head of the business unit. I was told:
1) To act normally and not speak with anyone internally or externally until they had communicated to the business about my manager's resignation. I was told I could sit down with HR and discuss all options the next day.
2) I was told there were other opportunities I could apply for within the business.
3) I could stay and work any notice period
Based on these statements (all of which have turned out to be false), I chose not to resign and respected the request to keep it confidential until we discussed with HR.
The very next morning I received an email with a termination notice from HR before any communication to the business place. I was told my access would be cut shortly and that I could not remove any materials from the building. I never had the meeting that was suggested in point 1) above before I received this email.
The point of contention is in my contract, if I resign I have to give two months notice, whereas if I am terminated they only have to give me one month's notice.
I can only think the intention of the initial meeting was to lie and buy time in order to serve me a termination to front-run my resignation. I would think there are reasonable grounds for misrepresentation here? I have evidence all three statements are false.
I am wondering however that if I argue that I would have resigned, could they have fired me me after my resignation anyway, and then essentially I would be in the same position?
I am also wondering how employers have to communicate a termination notice to employees. In the initial meeting, I was never told that I was being terminated, made redundant, or dismissed. There was talk of being able to "work my notice period", but this was after I started asking HR related questions and from my perspective it was implied that I might resign.
My company is arguing that they told me I was being terminated in that meeting, saying "we discussed your notice". I believe this is a very ambiguous response, and I would've thought to terminate an employment it has to be very clear?
The next morning when I received the termination notice, it said it was effective as of Friday (that morning), whereas the first meeting took place on Thursday evening. I would have thought this completely contradicts what they are saying. If they served me notice on Thursday then should that not have said that my employment termination was effective Thursday, and not Friday?
I have not received the reason for my termination yet, or had any communication since I was forced to leave the building.
I have been employed for less than two years so presumably there are no grounds for unfair dismissal, but there seems to be reasonable grounds for misrepresentation since I relied on false information that has caused me to lose an additional month of salary.
Any help would be really appreciated here, I've been nothing but good to this company and they've acted so terribly just to save an additional month's salary.
