advice needed - just walked out on my job

[markl1987]

Question for the OP, does your company have a cooling off policy? When I worked for a Wetherspoons we had a policy in place where if someone walked out, resigned in the incorrect way etc for whatever reason then we sent them a letter giving them 7 days to cool off and think about it and then depending on their choice we would investigate why they felt the need to walk out etc and take the right action to either allow them to leave or resolve the issues building up to their walk out.

 

Would usually end in 1 of 2 ways, the employee came back, investigated all the issues and usually ended up with some kind of warning for their conduct in walking out and set a review to ensure reasons where being resolved or they came in, had a chat with us and resigned on good terms

 

I hope you have something like this as done in the heat of the moment isn't the best way

[assisted blonde]

Just to be clear I didnt say stress wasnt a recognised illness, I do however beleive that it is used far too often in a work environment for instances that are part and parcel of everyday life.

I do appreciate that some people cope better than others but I think a trip to the Doctor as soon as somthing goes wrong at work is not always the right way to do things.

[Emmzzi]

Hi All,

 

I have briefly read some of the posts above.

 

There is established case law on `heat of the moment`resignations.

 

Please google : Ali v Birmingham City Council EAT /1313/08

 

Good luck

 

 

As far as I can see that is a link about accomodation? Is there a link you can provide to an employment law case please? Thanks!

[altobelli]

assisted blonde, given that stress is a recognised illness it needs to be a diagnosed along the same lines as other illnesses. Yes, there are 'annoyances' in everyday life, and there are people who become stressed by these when your average person wouldn't, or who confuse annoyance or anxiety with medically diagnosed stress. But having the shadow of losing one's job hanging over them and the consequences of that is not the same as, say, a delayed train, lost car keys or a disagreement with a colleague. In the OP's circumstances, I could understand why she might feel stressed, what she is experiencing is not an everyday occurrence.

 

Personally I agree with you that going to a doctor is not always the way to resolve stress, in many cases speaking to the person causing the stress, removing oneself from the stressful situation, or speaking to friends/family/colleagues can help. But if these measures don't work and the stress is having a sufficient impact on the life of the sufferer, there is nothing to be ashamed of in taking medical advice.

[transient]

As far as I can see that is a link about accomodation? Is there a link you can provide to an employment law case please? Thanks!

http://www.employmentappeals.gov.uk/Public/Upload/08_0313rjfhLBCEA.doc

[Emmzzi]

Thanks transient, interesting reading! Wonder how OP is getting on?

[mariefab]

Here's another Emmzzi,

 

http://www.bailii.org/uk/cases/UKEAT/1991/250_91_2410.html

[becky112]

I'm not stressed at all it wasn't that it was just that I didn't want to wait and be fretting for 8 days wondering how the meeting would go so the only way out that i could see was to resign on the spot.

 

The reason my manager wasn't answrering is because it was her day off and she was at a hospital appt with her daughter so could only text

 

I know i have been an idiot really looking back but i am in breach of contract and they have found someone to replace me. there is no proceedure for a cooling off period

 

I text my manager to ask if i would be paid for what i have done so far this month, she text back saying yes £x amount for 71 hours, i wish you all the best etc she said "I am sad it came to that but I wish you well"

[altobelli]

Hi becky112, are you happy enough with this outcome in the circumstances?

 

I guess it looks as if references aren't going to be a problem going forward.

[becky112]

hi all,

 

Yes I will prob get a reference from my old boss who left the company cos i dont want it to say "left under investigation"

 

My original quyestion was are they within their rights rto call a meeting 8 days in advance..... Can anyone answer this. I know they gave me a reason for the delay but just want to make sure they are in the right in what they have done :s as that was the reason i left and they know it

 

[altobelli]

Hi Becky

 

Yes, I would say 8 days is probably a reasonable timeframe, it gives you and the employer adequate time to prepare. I know its a worrying time waiting for a meeting to happen, but a wait of 8 days is probably better then having the meeting the next day or something like that without sufficient time for preparation.

 

You'd requested the meeting be brought forward, if it had been reasonably practicable for them to do so it might have been courteous to bring it forward by a few days, but I don't think it is unreasonable for them not to, they may have had reasons such as investigator/witness availability.

[madari]

hi all,

 

Yes I will prob get a reference from my old boss who left the company cos i dont want it to say "left under investigation"

 

My original quyestion was are they within their rights rto call a meeting 8 days in advance..... Can anyone answer this. I know they gave me a reason for the delay but just want to make sure they are in the right in what they have done :s as that was the reason i left and they know it

 

 

The answer to your question is simply...YES!!......in the eyes of the law `....the needs of the business come first`.....good luck.

[becky112]

well yes it was because one of my bosses was on day off and then the other was on holiday - they did give me a reason. I am just so shocked that they could leave me stewing like that for 8 nights. disappointlingly my colleague has heard that i would nevr hav even been sacked they wanted to talk to me about a customer complaint and changing my rota (for the better i might add)

well ive well and truly f--- up and now they have found someone else

glad they are pauying me, i was worried they might tqake agency staff costs out of the 70odd hours they owe me

[Nystagmite]

Also be aware that you may not be able to claim benefits fro about 13 weeks. Can someone else please confirm if this is correct?

 

If there is a sanction, it starts from day one. So, if there is a sanction of 13 weeks and you decide not to claim for 13 weeks, you'll still get the sanction.

 

Actually, I think it's up to 26 weeks.

 

But it depends why you left. It's not just you can't claim because you walked out.

[becky112]

Also be aware that you may not be able to claim benefits fro about 13 weeks. Can someone else please confirm if this is correct?

 

It's ok luckily hubby wage covers our payments just will have to tighten up on meals out and buying useless stuff and branded clothes for kids until i find something else

[becky112]

The answer to your question is simply...YES!!......in the eyes of the law `....the needs of the business come first`.....good luck.

 

right fair enough :s

[Bombaymix]

So sorry it turned out like this Becky

 

As I said earlier on in the thread it was like history repeating itself. My colleague, who also resigned in the heat of the moment after learning of an investigation would have almost certainly got the same outcome as I did - no further action.

 

I know that will be of no comfort to you.

 

I'm glad you're still on good terms with the boss and a reference will help you out when seeking future employment.

 

I wish you the best of luck in the future.

 

Regards

 

BM