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False resignation claim

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  • False resignation claim

    Hello, I am looking for advice on my employment.
    I have been employed by my employer for 20 months, working for a appliance insurance company. On 21st March the work force was informed that their licence to trade had been suspended. We were told to go home and wait for news so they could find out why this happened. We were told that we wouldn't be paid for this period and our regular quarterly bonus that we were due to receive two weeks later may not be paid. (We were paid for the last full working week that we had worked prior to the suspension and that was paid the following Friday as normal)
    After contacting my employer on various times and actually going in to the office to check for updates etc, a week later there was still no news.
    I sent my employer a message explaining that
    It was a struggle financially and of business couldn't return soon then I would need to take a temporary job that I had been offered.
    I went in to the office as I had arranged a few days later to ask if there was an update and discuss the employment I had been offered.
    I was informed that it would be gross misconduct if I left to work for a rival company, upset by the lack of understanding after me asking many times how I was meant to survive financially and if they could pay me anything to cover not being able to work, even offering to take the days out of my annual holiday entitlement to see me through so I didn't have to take work elsewhere, all was refused because they said they couldn't provide either.
    At no point did I confirm that I would accept the job or that I was resigning.
    I chose to contact ACAS to find out my rights, they advised me to raise my concerns in writing as I was legally entitled to pay while not being able to work., through no fault of my own.
    I raised these issues to my employer who sent an email back stating that I confirmed in person that I was resigning from the company and he had both text message and email proof confirming my decision. He confirmed I would receive pay up to that date and it would be held for 28 days (even though we are paid weekly)
    I sent a reply email explaining that I at no point resigned Via any form of communication and he most definitely does not have text or email proof, that is a blatant lie. I even stated in the email I sent raising my issues that I was currently out of work with no money coming in.
    It's clear to me that because I chose to seek legal advice to pay and my employer rights and relay this to my employer, it is a blatant attempt to fabricate my resignation so that I no longer have a job at the company and they get out of paying me for what im entitled to.
    The same goes for my colleague and friend who has worked for the company for 8 years, she is in the same position as me as their allegations are towards us both.
    Speaking to ACAS again they advised to raise a formal grievance, which I have mailed today.
    I just don't know what to do, it shouldn't have got to this point, all I wanted to do was revive the monies owed to me and be paid for the time I'm having to take away from work while the licence to trade is suspended.
    Financially this is hard, in my opinion I am still employed, because I have not resigned, but I'm receiving no pay, so I have no money to live on and if they have their way I also have no job and it's a job I enjoyed.

    If anyone can help us two out I would appreciate it greatly, I'm at a complete loss

    Thank you
    Last edited by Flamingo80; 7th April 2016, 17:18:PM. Reason: Typo
    Tags: None

  • #2
    Re: False resignation claim

    :bump: for [MENTION=26290]mariefab[/MENTION] xx
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    Comment


    • #3
      Re: False resignation claim

      To update, I have had no reply from the grievance letter sent, I gave reasonable time of 7 working days from the day the letter was received (used tracked mail) the 7 days has been and gone..... Anyone have any ideas on what I should do now?

      Thank you


      Originally posted by Flamingo80 View Post
      Hello, I am looking for advice on my employment.
      I have been employed by my employer for 20 months, working for a appliance insurance company. On 21st March the work force was informed that their licence to trade had been suspended. We were told to go home and wait for news so they could find out why this happened. We were told that we wouldn't be paid for this period and our regular quarterly bonus that we were due to receive two weeks later may not be paid. (We were paid for the last full working week that we had worked prior to the suspension and that was paid the following Friday as normal)
      After contacting my employer on various times and actually going in to the office to check for updates etc, a week later there was still no news.
      I sent my employer a message explaining that
      It was a struggle financially and of business couldn't return soon then I would need to take a temporary job that I had been offered.
      I went in to the office as I had arranged a few days later to ask if there was an update and discuss the employment I had been offered.
      I was informed that it would be gross misconduct if I left to work for a rival company, upset by the lack of understanding after me asking many times how I was meant to survive financially and if they could pay me anything to cover not being able to work, even offering to take the days out of my annual holiday entitlement to see me through so I didn't have to take work elsewhere, all was refused because they said they couldn't provide either.
      At no point did I confirm that I would accept the job or that I was resigning.
      I chose to contact ACAS to find out my rights, they advised me to raise my concerns in writing as I was legally entitled to pay while not being able to work., through no fault of my own.
      I raised these issues to my employer who sent an email back stating that I confirmed in person that I was resigning from the company and he had both text message and email proof confirming my decision. He confirmed I would receive pay up to that date and it would be held for 28 days (even though we are paid weekly)
      I sent a reply email explaining that I at no point resigned Via any form of communication and he most definitely does not have text or email proof, that is a blatant lie. I even stated in the email I sent raising my issues that I was currently out of work with no money coming in.
      It's clear to me that because I chose to seek legal advice to pay and my employer rights and relay this to my employer, it is a blatant attempt to fabricate my resignation so that I no longer have a job at the company and they get out of paying me for what im entitled to.
      The same goes for my colleague and friend who has worked for the company for 8 years, she is in the same position as me as their allegations are towards us both.
      Speaking to ACAS again they advised to raise a formal grievance, which I have mailed today.
      I just don't know what to do, it shouldn't have got to this point, all I wanted to do was revive the monies owed to me and be paid for the time I'm having to take away from work while the licence to trade is suspended.
      Financially this is hard, in my opinion I am still employed, because I have not resigned, but I'm receiving no pay, so I have no money to live on and if they have their way I also have no job and it's a job I enjoyed.

      If anyone can help us two out I would appreciate it greatly, I'm at a complete loss

      Thank you

      Comment


      • #4
        Re: False resignation claim

        Hello Flamingo 80. Ideally the employer should respond within 5 days. In terms of going forward, with 20 months you do not have the required service for an unfair dismissal (or even to claim a statutory redundancy payment) claim though you could potentially look at wrongful dismissal (breach of contract) - in this case a constructive dismissal claim. To prove constructive dismissal, you must show your employer committed a serious breach of contract, you did not accept the breach, and you felt forced to resign because of that breach. An example of a serious breach of contract in this context includes unilaterally cutting your pay. You may want to consider your options though as constructive dismissal can be tough to prove and Employment Tribunals are not particularly pleasant and the rewards are not necessarily that high . Sounds to me as though the company is on the ropes and you may be better moving on. Hope this helps

        Comment

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