Quizzes & Puzzles2 mins ago
Is it allowed?
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I handed my four weeks notice in at work this morning, after being given a formal warning over something i didnt deserve( the boss has a personal vendetta against me) i worked the morning, told my colleagues i would be leaving in a few weeks and at lunch time i was told i had to leave there and then, now i am glad to be out of there, but can they just do that after i handed my notice in?
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usually a company will have diciplinary rules covering outcomes such as this. A general style would be a 3 warning system (2 verbals then a formal or some similar system) where you would be asked to leave after the 3rd warning. There maybe extreme circumstances usually referred to as 'Gross Misconduct' where the company would terminate your employment on the spot. I would suggest in this case that the termination would come as a conclusion of a discipliary hearing where you would be entitled to defend your self and be accompanied by a union representative/colleage to ensure fairness. If, what you say is true, (and please realise that we only have your word to go on) then you seem to have a case to bring to an unfair dismissal tribunal. You should need to read your work contract and/or further paperwork given to you when hired. You need to check this warning and whether it is inline with company policy, not whether you 'deserved' it.
Then you need to contact the Human Resourse department/representative to confirm the policy for dismissal and complaints procedure. You maybe inline for compensation if a tribunal finds in your favour, and this boss would have to answer for his actions.
Get as much information together as you can and visit a Citizens Advice Beureau who can give you the proper legal standpoint. Stick to the facts unless you have physical proof of this 'vendetta' otherwise you may end up looking bitter and twisted and affect any case you may bring to court.
Then you need to contact the Human Resourse department/representative to confirm the policy for dismissal and complaints procedure. You maybe inline for compensation if a tribunal finds in your favour, and this boss would have to answer for his actions.
Get as much information together as you can and visit a Citizens Advice Beureau who can give you the proper legal standpoint. Stick to the facts unless you have physical proof of this 'vendetta' otherwise you may end up looking bitter and twisted and affect any case you may bring to court.
I know, this is my trouble, she used to say things like i have one eye bigger than the other and i walk too slow, and stop looking out of the window when you are on the phone (even though she does it, and i was doing it out of nerves coz i was being shouted at by a customer and she wouldnt help me) then it was a case of you always do this wrong and that wrong (minor things that werent just down to me either) then there was the major one �200 went missing from the float and she all but accused me of taking it (I DIDNT!!) then every week she would photocopy and count every pound i would put in the float (if thats not indirectly accusing me i dont know what is...) anyway, she gave me a letter a few weeks ago listing complaints such as these, then a meeting to say i hadnt improved then another letter this morning inviting me to a meeting on fri, i then gave her me notice! (got a new job thank god), then was told to leave, i have no idea why though! I wasnt a bad worker she just took a dislike to me and has been snide ever since i started and if someone pulls you down the way she has of course i'm not going to be commited and enthusiatic about my job! She also told me off for being punctual at one point! Its laughable really!
Wookette's right in that you should seek professional legal advice. However, if you've handed your notice in then they can't actually dismiss you - especially if you've already been fully disciplined for an offence. After all, handing in your notice can't really count as a sackable offence! They may have a right to ask you to leave immediately, but in that case they should pay you in lieu of notice, given that you were prepared to work it through. The more unscrupulous employer may try to avoid paying you by making it look as though they 'got in first', which is why you really do need to seek advice.
In some companies it is policy that when someone hands in their notice they are escorted off the premises. It doesn't mean that you've done anything wrong, it's just that they want to protect their interests and make sure that you don't take any details (eg of customers) with you. They should still pay you for the four weeks notice that you have given them. Just look on it as an extended paid holiday.
If you have resigned and not been dismissed for gross misconduct, you have a notice period - in your case, its four weeks. Both parties have to honour this.
Your employer can ask you to leave the work place in advance of those four weeks but you have to be paid for them - its called gardening leave.
If you have another job to go immediately into, you might want to be released immediately because you cannot work for another company while you are on gardening leave for your (soon to be) ex employer, but if you don't, you have to be paid for the four weeks.
So, first thing to do is to all your employer - HR department if there is one - to clarify the situation; I would say you appreciate their position about them wanting you to leave now, but that you want to confirm what your final payment will be and want this in writing. This will be the four weeks of your notice period plus any holiday entitlement you have accrued that has not been taken OR minus any days of holiday that you have taken but have not accrued.
If they say they're not going to pay you and they have NOT dismissed you for gross misconduct, what they have done is unfair dimissal - you should remind them that if you take that to an employment tribunal, you win automatically, regardless of the disciplinary circumstances (personal vendetta or otherwise).
If you do want to go immediately, you can try to negotiate this but do rememember that they have the right to make you stay on gardening leave for the four weeks if they want to - it might not seem fair and doesn't make much business sense if all they want you to do is stay at home but if they're being difficult, they are within their rights to do this.
Your employer can ask you to leave the work place in advance of those four weeks but you have to be paid for them - its called gardening leave.
If you have another job to go immediately into, you might want to be released immediately because you cannot work for another company while you are on gardening leave for your (soon to be) ex employer, but if you don't, you have to be paid for the four weeks.
So, first thing to do is to all your employer - HR department if there is one - to clarify the situation; I would say you appreciate their position about them wanting you to leave now, but that you want to confirm what your final payment will be and want this in writing. This will be the four weeks of your notice period plus any holiday entitlement you have accrued that has not been taken OR minus any days of holiday that you have taken but have not accrued.
If they say they're not going to pay you and they have NOT dismissed you for gross misconduct, what they have done is unfair dimissal - you should remind them that if you take that to an employment tribunal, you win automatically, regardless of the disciplinary circumstances (personal vendetta or otherwise).
If you do want to go immediately, you can try to negotiate this but do rememember that they have the right to make you stay on gardening leave for the four weeks if they want to - it might not seem fair and doesn't make much business sense if all they want you to do is stay at home but if they're being difficult, they are within their rights to do this.
Oh dear.
Whatever happens, you should be paid for your 4 weeks as you weren't dismissed for gross misconduct. You should clarify with them whether you are on garden leave or simply being paid off.
As you resigned you would be looking at a complaint of constructive dismissal - if you wanted to take it further. It would seem to me that they've been following a procedure however with written warnings and inviting you to meetings regarding your warnings. This would put them in a stronger position.
From all that you say I can't really say whether you would win a case of constructive dismissal. Comments like 'the boss has a personal vendetta against me' wouldn't stand up in a Court.
Also your comment 'every week she would photocopy and count every pound i would put in the float (if thats not indirectly accusing me i dont know what is' would possibly only sound like good practice and not a sleight against you.
Personally, I would make sure I was being paid for the 4 weeks notice period and leave it at that unless there was more to it than what you've said.
Whatever happens, you should be paid for your 4 weeks as you weren't dismissed for gross misconduct. You should clarify with them whether you are on garden leave or simply being paid off.
As you resigned you would be looking at a complaint of constructive dismissal - if you wanted to take it further. It would seem to me that they've been following a procedure however with written warnings and inviting you to meetings regarding your warnings. This would put them in a stronger position.
From all that you say I can't really say whether you would win a case of constructive dismissal. Comments like 'the boss has a personal vendetta against me' wouldn't stand up in a Court.
Also your comment 'every week she would photocopy and count every pound i would put in the float (if thats not indirectly accusing me i dont know what is' would possibly only sound like good practice and not a sleight against you.
Personally, I would make sure I was being paid for the 4 weeks notice period and leave it at that unless there was more to it than what you've said.
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