Notice to resign

[Matt84863]

Hi,

 

Thank you to everyone who has commented.

 

Is anyone able to assist further? Only as we need to get back to her employer.

 

Regards

 

Matt

[Manxman in exile]

I'd simply tell them she's expecting to be paid up until the resignation date she put in her letter.  If they won't budge, I'd put it in writing that I do not accept their decision and am reserving my position/seeking advice.  Whether that's a good idea or not, I don't know.  See what others advise.

 

She can always sue them in small claims for the missing pay.  She'd have six years to do so, and that might surprise them if she makes the claim outside the ET deadline.  (As I've said before, I'd ignore the ET route -  that's probably what they expect her to do).  Process is simpler and less stressful than ET.

 

But I'm not an employment lawyer.  See what others say.  (How reliant is she going to be on eg future references?  Don't want to burn bridges).

[Matt84863]

Thanks, she is reliant on the reference, so they could refuse it. But on the grounds of a despite of notice seems a little excessive.

 

There’s just something that the small claims route makes me nervous. The judge will not necessarily be an employment expert and therefore he/she will be not necessary be making their decision based on actual proven wrong doing. She could then end up with no money and no reference  and come September no job!

 

I have plenty of ‘evidence’ at my disposal to discredit the Director as her Practices have been shocking recently but I can’t guarantee that I’ll be allowed to represent my wife in the court and she wouldn’t stand a chance representing herself as she’s very anxious in that type of situation and would maybe discredit herself if she was to contradict something she had said previously. 
 

I would apply to the judge to bring her case without the need for her to be present.

 

 

[honeybee13]

I would apply to the judge to bring her case without the need for her to be present.

 

I'm not sure you can do that.

 

HB

[Emmzzi]

24 minutes ago, Matt84863 said:

 

 

There’s just something that the small claims route makes me nervous. The judge will not necessarily be an employment expert and therefore he/she will be not necessary be making their decision based on actual proven wrong doing. She could then end up with no money and no reference  and come September no job!

 

I have plenty of ‘evidence’ at my disposal to discredit the Director as her Practices have been shocking recently

 

 

Your evidence of wrongdoing is totally irrelevant. You are not trying to prove the director is a bad person. That is not what the case is about. Put that evidence away. You're going to make a mess of things with it.

 

You are simply saying, "the contract says this. This was not adhered to. I believe I am due money."

 

Don't over complicate it. Rumpole is not required in the Old Bailey today. The judge does not need, not will care, about substandard working practices when s/he is only being asked to decide about whether the employer should hand over a month's wages. 

Edited July 6, 2020 by Emmzzi

[Manxman in exile]

My own personal view is that ETs are not particularly employee friendly.  If I had the choice between a court and an ET, on what is simply a money claim based on contract, I'd go for a judge in a court any time. 

 

Unless you are a solicitor or barrister, I'm not sure you'll be representing your wife anywhere (although I may be mistaken about ETs and small claims).  And if she's going to get stressed out or not come across well, I'd have thought an ET was worse than a small claims court in that respect.

 

 

[Matt84863]

I do take take your point.

 

I have represented many people in court as a lay person, you need to apply to the judge based on personal need. Ie a medical condition, disability or physiological condition that would exacerbated by being in that situation. Tracey suffers with anxiety and therefore could be in a position where she is unable to articulate an appropriate case.

 

We have written to the employer to reconsider.

[Emmzzi]

One step at a time. If the company don't defend it, no one will actually to need to go near a court room, virtual or otherwise. MCO is a really simple process for clear cut cases.

[ericsbrother]

You are incorrect about showing a need for a lay rep in county court or ET, what you say would apply to a family court where Lay reps are rare but Mckenzie Friends common.

What you should do is advise the court that the litigant wants to use a lay rep beforehand and make sure that you have the relevant legislative notes to quote from or you may find yourself demoted to Mckenzie Friend.

 

yopu are well short of that time though, chances are the employer will want to settle before then, even if to try and mitigate their costs. A very stubborn owner of such a business is not unknown but most have insurance for such things and their insurer's lawyers will soon grab the steering wheel so you can expect some sort of an offer.