Dismissal under SOSR

[Albierose26]

I resigned and going to tribunal as employer committed fundamental breach of trust.
Just had their response form and it states that they were going to dismiss me under SOSR despite me having evidence of them asking me to come back to work etc. I can't understand if I had resigned then they cannot "dismiss" me under SOSR later, can they?
What does this mean please? Thanks

[ULA]

I presume if you resigned and are taking your employer to tribunal you are claiming constructive dismissal?

SOSR means dismissal for some other substantial reason. The only way in my opinion that they could have done this would have been for them to have gone through a disciplinary process whilst you were working your notice period. I presume they did not start any such process whilst you were on your notice period.

[Albierose26]

Hi Ula
I went off sick with work related stress (bullying etc) they They had failed to address my grievance (against bulluies etc) I had put in but they said the they had.and then they "invited me back to work when I was well enough"

Because of all the stress etc I couldn't face going back to that environment so I resigned immediately.I did not give notice as I was informed to go to tribunal I just had to resign immediately otherwise I would be "affirming my contract"

In their Response form they have said that "If the Tribunal finds that the Claimant was dismissed, the Respondent shall submit that the dismissal was a fair SOSR dismissal in all the circumstances".

They didn't dismiss me I resigned!!!!
Thanks

[Albierose26]

Sorry Ula There was no disciplinary in process at the time. I was subject to an informal discussion in Oct but fully resolved in Nov 2018 I resigned in April 2019

[ULA]

Did you write and send a dated formal letter of resignation and I presume you kept a copy?

What is your tribunal claim for? Have you been through/going through early conciliation?

Who

informed you - to go to tribunal I just had to resign immediately otherwise I would be "affirming my contract"?

If your ex-employer believes they dismissed you at some stage they will need to provide the documentary evidence that they dismissed you including details of the disciplinary process they adopted to prove their point, which from what you have said would be difficult for them to do.