Resignation with Proper Notice etc

[mkeay]

I resigned giving proper notice etc.

 

The following day my manager told me to treat my last day as yesterday.

 

I assume I am to receive PILON but was not expressly told of such. Should I have been told of this, either Verbally or in writing? I feel quite hurt by this because it certainly does not encourage me to give notice in the future if the company can just end my employment like this.

[Sidewinder]

How long had you worked there and does your contract give any additional notice over and above the statutory minimum? Does your contract mention anything about PILON or 'Garden Leave?

 

Not necessarily a need for the issue of PILON to be discussed, but it would have been good practice to at least mention it - unless they are hoping that you are ignorant of such matters and they try to get away with short-changing your severance! Do you know when your final salary payment is due? Don't forget that you may also have outstanding holiday pay to come as well.

[mkeay]

I had worked there 6/7 weeks before giving my notice. There was no contract of employment - so I was working under basic statutory rights.

 

I believe the company are trying to screw me out of the PILON and wanted to know if there was a legal obligation on the company to tell me of such a right.

[assisted blonde]

its usually 1 weeks notice either way after such a short time unless your contract says otherwise

[becky2585]

Well technically they need a contractual right to pay you in lieu of notice - but it's a non point, as you could bring a breach of contract claim and win, but be awarded no compensation as provided they do actually pay you, there's no financial loss...

[mkeay]

Does a breach of contract for not providing me with the necessary notice when terminating my employment, allow me to consider the employment contract as being discharged?

 

i.e. i have no obligations to the company from that date my contract was breached and forwards?

[Sidewinder]

Strictly speaking yes they have breached your contract, but providing that you have been (or are to be) paid for the correct period of notice, then no loss has resulted, so no action can be brought for the breach - well it can, but would be pointless as the damage will be rectified by payment in lieu. You might be able to argue that since any PILON represents 'damages' they should be paid without deductions for tax and NI, but that is a separate argument.

 

Your contract has been terminated so there are no obligations on either side.

[becky2585]

You still have ongoing confidentiality obligations - but was there something else in your contract you wanted to be released from?

[mkeay]

No nothing else.

 

The company has not paid me what I am owed. I believe the owner of the company is practicing a retaliatory dismissal.

 

They are claiming I did not work my notice - but I received an email from manager saying "no point working another week, please treat yesterday as your last day".

 

This was after asking me for work in an earlier email.

 

I read this as a dismissal. 3 or 4 emails were sent by me to the company, but no response was ever received. My manager removed or blocked me from Skype a day after the above "dismissal".

[becky2585]

I'd wait and see if they pay up - if they don't, you can issue a tribunal claim for the outstanding money. It's free to do so and an easy process, so you don't necessarily need legal representation.

[mkeay]

They are not paying - this has been ongoing since September.

 

I am preparing my case. I am just going through the various pieces of the case and trying to clarify the facts. They are trying to present me in the poorest light possible - the companies response tries to undermine me, rather than focusing on the facts of the case.

[Sidewinder]

In which case don't dither any longer. Issue a Letter Before Action giving seven days to pay the amount due and and advise that if payment is not made you will issue proceedings in an Employment Tribunal. The only 'preparation' you need is the amount that you are owed. Send by Recorded Delivery.

 

If no payment then complete an ET1 online - you have only three months in which to issue this and you are running out of time.

 

You had only 6 weeks service so you can't claim for unfair dismissal - it matters not whether you were dismissed or resigned. It matters not whether this was a retaliatory dismissal - you still have a right to notice. It matters not that the employer is trying to paint you in a poor light - you still have a right to notice. The email will be conclusive evidence that you were told to leave immediately, so the employer cannot argue anything else.

 

Get it done!

[becky2585]

Precisely as above. This is a breach of contract claim - mud slinging is completely irrelevant and the judge won't look at that!

[mkeay]

My claim was filed in October and I am now just preparing my case. I have received the ET3 and the company, while not directly saying that I left by my own choosing, are suggesting it. Although they do not reference this email in there response, the lack of reference is significant by itself. I would be drawing the tribunals attention to this absence as I believe the company are not being 'entirely honest'

 

Most people I have spoken to, have, like others on this forum, said this email sounds like a termination which is exactly as I treated it, as they have asked me to leave immediately.

 

So far though, one person has suggested that maybe they were trying to put the onus onto me and making it look like I have waived my notice period. Although, there is no explicit email from me saying stating this.

 

As I said, this is a retaliatory dismissal - and I am trying to make sure all the i's are dotted and all the t's are crossed.