help? i quit?

[robj]

Hi,my 1st post! My situation is this. I was full time employed delivering goods by truck,my girlfriend at the time did the same. I was on a week holiday but was helping her do her work,with the companys knowledge. We had a minor domestic on the way to do a route and as we were at the end of the road of leaving,my girlfriend returned to the base and refused to go with me helping,i waited outside. She returned upset more by the company,however,we were fine and decided we'd just do the job. I went back and told them it was fine,but they wouldnt let us work. Im on pre booked holiday and not officially working. I said "well if she gets the sack over this,i will quit". I joined her in her car and as we left was asked if im quitting,which i said yes and went. On the monday my holiday ended i was asked in to clear up money owed and final pay. I asked if i had to go and they said i was being held to my verbal resignation on holiday and not allowed to work a notice period. I was recommended to ask if this is right,here. Thanks in advance for any help.

[teaboy2]

Re: help? i quit?

Simply tell them you resend your statement as it was said in anguish, given the situation and treatment received by your girlfriend at the hands of the company at the time you stated it, and in no way was it your formal notice of resignation as it was made whist you were under duress and as a result of the situation and therefore you made it against your better judgement. Put that in writing to them as well and send recorded delivery and keep a copy of the letter and copy of the receipt showing it was signed for by the company.

However before doing the above, i need to know what your contract of employment states in regards to handing in your notice, does it state it must be in writing?

[robj]

Re: help? i quit?

Hi,thanks for looking. I worked there 3yrs and have no idea where my copy is,but another employee says yes it does state 3 weeks in writing.

[teaboy2]

Re: help? i quit?

In that case, your resignation most be given in writing and can not be verbal. if they accept a verbal resignation then they can only do so if it is backed up in writing. So send the letter with the info i put in my first post, and add regarding the need for 3 weeks notice in writing is required when resigning according to your contract and that means any verbal resignation must therefore be backed up with a written resignation giving 3 weeks notice. If they carrying on down the path of taking your verbal threat to quit as your resignation they would be doing so in breach of your employment contract that clearly states the need for a written notice of resignation, and therefore if they terminate your contract they would be committing an act of wrongful dismissal.

[robj]

Re: help? i quit?

Thanks. The final meeting where it was made clear they werent interested in anything but drawing a line under me going,was 2 months ago,been working agency temp since,1 week later a manager called to ask if i wanted him to try and get my job back,which i declined.does this affect anything?

[teaboy2]

Re: help? i quit?

Hi Rob

Yes that does change things as your employment has already been terminated. How long had you worked for the company was it for over 2 years? Reason i ask is because you may or may not be eligible to take it to tribunal, but then you may have fees to pay to take it to tribunal as well, which isn't cheap. The fact you declined to take the job back would likely go against you as well.

My previous post were made on the basis that i thought you were still employed by them and your employment had not yet been terminated by them, so the contents of the post were meant to try and help you persuade the employer to not go through with terminating your employment.

So you need to decide now if it will be worth your time, effort and stress to take it to tribunal where your not guaranteed to win, or whether to simply move on.