Resigned or gave notice? Employment terminated?

[R0b]

Re: Resigned or gave notice? Employment terminated?

The email header contains the original wording along with the dates, timestamps and addresses of who and where it was sent to.

You will have a hard struggle proving what you are trying to say by relying on the word 'notice' that email also states effective immediately so used in conjunction the email apparently states your girlfriend is resigning immediately. The ordinary meaning of resignation is to give up the position or role.

If the email said 'I give notice to resign', that is a whole lot different to giving notice to 'resign immediately' and in my eyes you will be clutching at straws on that argument as the tribunal will simply look at the email as a whole not just the word 'notice'.

If you or your gf does not want to ask for the email to be forwarded then you are effectively relying on a printout of the document as being truthful and accurate. I think the claim will fall at the first hurdle, the words on that email are clear and not ambiguous in any way, your girlfriend says she gives notice to resign immediately i.e. from the moment the email is sent to the employer.

If you want to go other routes i.e. ISP (although I am certain they don't retain contents of the email but only the meta data which is the dates, times, recipients but that's all void anyway at the moment since the European Court Justice invalidated the EU legislation relating to it and DRIPA I believe has be struck down as ineffective by the High Court and is pending appeal?) you are going to have to get an order from the court doing so and thats money in itself.

[charitynjw]

Re: Resigned or gave notice? Employment terminated?

No. She was signed off sick up to 13th June and was available to work her notice period

Ah, ok.
That could be a bit problematic.
It could be construed that not returning to work to complete the notice period after the end of the sick leave was in itself a breach of contract.
On the other hand, your gf could argue that she 'handed' her notice in, fully expecting to work the contractual notice period, but the employer terminated the contract without giving due effect to the notice period &/o PILON, thereby wrongfully deducting due payments. (this would also include holiday entitlement accrued during the notice period).
Imho, she ought to submit a formal grievance (this can be done even if no longer in the firm's employ).
The employer will have to appropriately investigate the complaint.
It may even act as 'leverage' for you guys to make them 'play ball'. :tinysmile_twink_t2:

[Openlaw15]

Re: Resigned or gave notice? Employment terminated?

The scan was done by the employer. My gf has no record of the email thread other than the scan they've sent her.
My understanding is that email header data only really contains info relating to who the sender and recipient are etc. rather than content. I don't really want to rely on proving they amended it - it seems like a real long shot and I personally think the wording is adequate anyway - it still uses the word 'notice' at least.

"Please accept this email as notice of my resignation from my position of...." and ".......Effective immediately from today the 31st May"

In my view, the two statements read together could (and should) be easily viewed as informing the employer notice of her resignation and nothing else. For instance I hereby provide notice of my resignation to be effective 31 May. 'Notice' as a term has to be interpreted in its everyday language, ie alert the employer to a fact, ie intention to resign and to be effective immediately. By the terms 'effective immediately', she means she does not want to be talked out of it as she is clear on this point. However, the period of notice' as key terms are not present in the email. In its absence the notice period has not yet been dealt with, as in your girlfriend's view, in any event this aspect is simply a contractual matter so would be carried out as per the terms of her contract. In my opinion, the company is in breach of contract by not permitting her to work her contractual notice. Alternatively, my further opinion: as she is on sick leave she should be paid with work notice as a lump-sum. She should not have to work her notice if she is sick.