Already Resigned But Now Been Dismissed

[mark1979]

I have been on SSP from work for about a month and have decided not to go back. They didn't think I was going to go back anyway and want to replace me as they are a sales person down and my absence could be quite lengthy.

Following a zoom call yesterday where they alluded to performance management I decided to resign this morning so I sent in my notice at around 6am. I have to give a months notice. This afternoon they have called and sent a follow up email terminating my employment and giving me a weeks notice.

Can they terminate my employment given that I already have terminated it this morning? The only benefit to them is a shorter notice period. I have worked there for a few days less than 12 months.

[jaguarsuk]

It depends on the terms of your contract of employment.

What reason have they given for terminating your employment?

[mark1979]

They just said following our probationary review yesterday they have monitored and reviewed my performance and in summary I have not reached their expectations. They included the targets for months they were closed in last years lockdowns as well as when we had a large outbreak of COVID at work and I was off for 2 weeks isolating and then when I came back PHE made them close for 10 days due to a large number of positive cases amongst employees.

I have also only worked a few weeks this year due to being on furlough and being off sick. Again they have included those months targets in their calculation.

[jaguarsuk]

Others with better employment law knowledge may know better than me, but if your contract states 1 week notice during your probation period and they have not signed you off as having completed it, regardless of how long after it should have ended it is now, then 1 week would be correct.

[ULA]

What notice period does it say in your contract of employment that your company has to give you if they want to terminate your contract?
How long was your probationary period? A year seems a bit long.

[mark1979]

It says they have to give me a week but I have to give them a months notice. it does also say 12 month probationary period.

[ULA]

Unfortunately with less than 2 year's service unless you think there is anything discriminatory since you have not built up employment rights then there is little you can do about this situation.

[mark1979]

No I thought as much. Just thought it’s a bit cheeky to give me notice when I’ve already given my notice to them.