Work won't accept my resignation.

[jowalshy]

No I did not intentionally raise a grievance. I just stated in my notice of resignation why I felt it was time to leave out of courtesy. If I had known that the company would do this, I probably would have just told them I was leaving and left it at that.

 

I thank you all for all of the support and advice you have given me. As for leaving the door open to go for constructive dismissal at a later date, I don't think I want to. I just want to leave and hopefully in time will get better and look for another job elsewhere.

[Bigredbus]

That is, in the end, my most wishful thought. That you get better, forget about what has happened, keep the best moments and smile about it...

 

Best wishes... and get better soon.

[JonCris]

I suspect that they are refusing to accept your resignation as they realize that they are responsible for your sickness & want to find an excuse to sack you with the intended result that you will find it much more difficult to sue them for constructive dismissal &/or discrimination.

 

Also should you decide to continue with your resignation & sue they will be able to show the ET that they made an attempt to put matters right

 

My advice is to call their bluff & attend the meeting (preferably with a friend) then resign afterwards

[jowalshy]

After mulling over your replies, I have now sent off a letter to them, thanks hugely to Bona that helped and also to all of you for your kind support:-

 

In response to your letter dated the 4th February 2010, and after taking advice, I understand that you cannot refuse to accept my resignation. I therefore confirm that I will be leaving your employ on the 31st March , or at an earlier date if mutually acceptable to both of us. I have no wish to cause the company any problems.

 

With regard to any grievance hearing , at the present time my health is such that I feel I cannot attend a hearing at the moment.

 

As I am sure you must realise that if I cannot attend work due to anxiety and stress, then a hearing is going to make matters worse.

 

I was disappointed that you only paid me my SSP when others have been paid in full during periods of sickness.

 

As I said in my previous letter I would like to draw a line under this unfortunate episode so I can concentrate on getting my health back. If you would prefer to accept my resignation with a different termination date, acceptable to both of us, then please let me know. Also, could you please confirm that pay still owing from January and my holiday pay will be paid on the next pay date of 28th February 2010.

 

 

I just hope that this will be it and I will be able to make a full recovery.

[texanbar]

Good luck Jo, all sounds very reasonable to me

x:)x

[jowalshy]

I got a reply to my letter this morning.

 

Good news - they have accepted my resignation.

 

Bad news - they won't let me go until end of March.

 

I was hoping that they would reply saying that they would accept an earlier date eg. end of this month.

[Uncertain]

I got a reply to my letter this morning.

 

Good news - they have accepted my resignation.

 

Bad news - they won't let me go until end of March.

 

I was hoping that they would reply saying that they would accept an earlier date eg. end of this month.

 

I think you said your doctor is happy to keep you off sick until then?

 

Remember you continue to accrue annual leave even when off sick so this will cost them a few days extra pay!

[jowalshy]

Unfortunately my holiday year runs from March to February, and I only work part time. But as they say "Every little helps"

[Uncertain]

Unfortunately my holiday year runs from March to February, and I only work part time. But as they say "Every little helps"

 

Yes but you can't lose holiday as a result of being sick. They will have to carry it over even if your contract would not let you under other circumstances!

 

So, after you leave at the end of March they will have to pay you for any holiday owing including that which you accrued whilst off sick in the last couple of months.

 

They can't get out of this - but may try!! There are endless HR websites pointing out the implication of recent court judgements on this so you can direct them to one of those if necessary.

 

Obviously if they had agreed to accepting your resignation and let you go at an earlier date they could have saved themselves some money but that is their problem!

[ssolomon1981]

I have been having the same problem, here is the letter that i used;

 

your address

date

 

 

To: Manager

 

Cc: Occy Health, & Solicitors name

 

I am writing as I have received a letter today requesting that I attend a meeting with yourself, HR representative and advising me to take along a Union representative or someone not in a legal capacity. To this I yet again decline to attend this meeting. As I feel there would be no benefit to it.

I am informing yourself and HR that I will not be attending.

I have discussed this with occy health and also my solicitor and GP, as the date that I had given my resignation is when I had wanted it to start from, as I have no intention on returning to the trust for full time employment. I have been informed by my solicitor that legally, notice has to be accepted from the resignation letter as dated, which was sent to yourself.

 

I would be most grateful if you could accept my resignation as previously dated on the letter as (the original date resignation was given)

Sincerely

Your name

 

 

Hope this helps you out

[citizenB]

Interesting letter, however the OP posted in 2010 and one imagines has now resolved the situation !

 

Perhaps it will benefit someone with a more current problem