Walked Out of Job

[naby1968]

I have worked for my employer for over 9 years with no reprimands on my record and over the years i have seen many managers come and go but the manager we have now is the most laziest,two faced one i have ever worked for. He has been nitpicking with me for a couple of weeks and yesterday it all came to a head over holidays that he asked me to take then says he has authorised them and i walked out-i didnt say i had resigned or that i wasnt coming back. I went to see my docotor yesteday and he signed me off for two weeks due to stress,i phoned my work this morning to report being sick and was told by the duty manager that the manager has told her and anyone else who would listen that he has put me through as a leaver. Can he do this??

[nix-j-c]

in crppy america they could probaby bot not in the uk.

[factor-fiction]

I'm not sure why would he have thought that you had left. having said that, it's a not a good idea to walk out without saying anything- you could be disciplined for that.

[naby1968]

thanks for replies-i know walking out probably wasnt the brightest idea that ive had but it was either that or i think i would have smacked him. Ive since spoken to my ubion rep and she said no he cant just makeme a leaver-the saga continues!!!!

[buildersmate]

Unsurprisingly your Union Rep is correct but you need to get your version in writing soon.
To be sure about this, write to your employer outlining the conversation with the duty manager today, stating that you sick and that you do not understand why the employer considers that you have resigned and do not accept that version of events.
Say nothing about the walking out saga.
Then get back to work as and when you can.
See what the employer does next.

[robbyt]

Probaby not what you want to hear but you can have instant dissmisal for walking out without saying anything. first its health and safty. so put your head down and try and get back when you can. Don't fight it he will win..

[saxy_jag]

Robby, how on earth can walking out without saying anything be a health and safety matter?

On the other hand, you can be dismissed for your perceived behaviour. It depends very much on company policy.

You have two options as I see it:

A) You can fight. Keep calm about it, log everything, keep evidence and don't give in. Ultimately you can take him to a tribunal if you believe you have been unfairly dismissed.

B) Don't try to go back. I know you probably need the money and you'll be strapped for a while. You'll maybe need to make a few temporary changes to your lifestyle, but what's the worst that can happen? It won't kill you, that's for sure. And the best of it is you won't have the stress, won't have a nervous breakdown.

I walked out on my employer eight years ago without another job to go to and it was the most liberating thing I've ever done. For all the worry about finding work, I was working again within a week of leaving. Does wonders for your confidence, I can tell you, knowing that you're not afraid to do it.

Even if you leave, still chase for unfair dismissal. You have nothing to lose and you may even get some money out them.

[Banali]

NO He cannot. Pure and simple.

To sack you he has to go through a well defined legal process that involves oral and written warnings.

To resign, YOU have to communicate that decision to your company.

Send in your sick note to your company. The fact that is is for stress should put the wind up them anyway.

If the company does dismiss you on the basis of this incident and if you are:
-currently off sick and have advised them of this
-provided a doctor's certificate
-have 9 years unblemished employment record

I would say you have a classic unfair dismissal case.

If you decide not to return to work and feel that it would be impossible to continue working at the company as a result of this incident, you may have a case for constructive dismissal.

If I was his boss, I would be very worried about the situation he was putting the company in. Do you have a HR department that you can talk to or is there anyone higher up the food chain than this manager you had the run in with that you could make an appointment to talk things through, with your union rep or duty manager for support if you need it?

Whatever you decide to do, the best result would be for you to return to your job with the situation resolved, the legal route should be a last resort if all attempts at sorting this out in other ways fail.

Nothing has actually happened yet, you haven't been sacked and you haven't resigned. You have the breathing space of a couple of weeks off sick. Don't make any decisions until you have calmed down and are thinking straight.

If they do sack you - get legal advice straight away and DO NOT respond to them without that advice.

Good luck.