Dies anybody remember my post about being potentially dismissed from work for not following policies and procedures I was unaware of?

[Charlieandthechocolatecake]

If you do, my disciplinary meeting is tomorrow morning. I have been informed anonymously that my job has been offered to somebody else.

As soon as I was made aware if this I emailed HR asking if I would be given the opportunity to resign before being dismissed.

I've heard nothing back yet.

My plan is to make my way to the hearing tomorrow but if I don't receive confirmation that I will be given this opportunity then I will send an email to HR explaining that I refuse to attend the meeting because my job has already been offered to somebody else.

Also, I opted out of the working times directive meaning I have regularly been working 50+ hours a week. There have been times when I have had no rest day at all for 4/5 weeks.

Also, I have been working 16 hours a day at the weekends from home with no rest break. I thought this was covered when I opted out of the WTD but I've just been made aware that I should still be entitled to breaks.

I don't wish to take this further but if I do decide to attend the meet8ng tomorrow morning would this information help my case in regards to resigning rather than being dismissed?
Thank you x

Have you spoken to ACAS? If not then I recommend it. If you can call them before your meeting and get some free advice:

m.acas.org.uk

I have already sought advice from ACAS last week and they have told me that as I have been employed for less than 2 years then I don't have many rights which I am aware of. I i my found.out yesterday that my job has been offered to somebody else. I have proof of this but I don't wish to disclose this as I no longer plan on working for company due to the way they have treated me.

How did the meeting go?

Good luck OP!

They sound awful, hope you find a much better place to work soon

You can be dismissed after you’ve resigned, if there’s a notice period attached to your resignation. It happened to someone I worked with who sent a ‘two fingers’ email to the whole company about senior management the day after he resigned.
I don’t think it would change your disciplinary hearing at this short notice I’m afraid. Agree with leghairdontcare - this could be a good approach to open the disciplinary meeting from your part. That would be the best outcome as you don’t need JSA.
Advertising the job is neither here nor there, I’m afraid.

I handed in my resignation this morning via email. It was refused. I handed it in again staring it was with immediate effect. It was again refused and I have been told my disciplinary will be rebooked.

The reason I handed it in is because I have been contacted by various colleagues wondering how I am because they have been told that I have been suspended and why.

Even if the disciplinary meeting went ahead and it was found in my favour I wouldn't want to go back to work there.

I've also been informed that my job has already been offered to somebody else.

I don't want to go back there. Ever.

Can they do this? Everybody now knows why I've been suspended. It's just not fair. I just want to leave.

Even if they begged me to come back to work I wouldn't want to. My right to confidentiality has been abused and I would never feel the same working there. I KNOW I'm not going back. So why won't they just let me go?

Because they are trying to cover their own backs.

They cannot refuse to accept your resignation but they can hold you to your notice period. What is your notice period?
And they can carry on a disciplinary procedure during your notice period.
If you resign with immediate effect I.e. fail to work your notice period, they could sue you for breach of contract. Do you think that’s likely?

Check your contract for your notice period, and see if you can drag out your disciplinary process. Also try putting in some counter claims if necessary, to prolong the process, so you are able to leave with a clean record. You sound quite stressed, perhaps you need a visit to your doctor and a medical break from work for a few weeks?

What was the wording of their refusal?

I think you really need to have some legal advice about this because they will keep refusing your resignation to continue you on suspension until they decide and leaving you in limbo.
If I remember correctly you have tried to resign 5/6 times now.

At this rate you will still be suspended this time next year.

Call ACAS helpline for employment advice

I'm aware they can hold me to my notice period and carry out the disciplinary in my absence if I refuse to attend.

When I first started there I was on a 0 hours contract where no notice was needed to leave. This has since been changed to 36 hours but I have never recieved a new contract. Just a letter confirming my new hours and stating that all other terms and conditions remained the same. So technically I don't need to give notice.

I believe the clients family are suing the company. I also believe that they want to dismiss me to show the court that they have 'fixed the problem'.

They are using me as a scapegoat.

I refuse to be used as a scapegoat.

I will call ACAS when I've stopped crying. I've been throwing up regularly since I was suspended because of the stress.

My mental health is terrible at the moment.

I feel like I'm going crazy.

Thank you for talking to me x

If ACAS have already told you that you have no rights, I would be calling a solicitor for advice.

They are not allowed to refuse a resignation.

www.gov.uk/handling-staff-resignations

An employer can’t refuse to accept someone’s resignation and they must follow certain procedures.

I’d email them back and send them that link!

I also think you need to speak to a solicitor for legal advice. This might be costly but having a solicitor to help you might make a difference. You need help and advice as this sounds dreadful for you. I am sorry you are in this situation. A solicitor might be money well spent.

When I first started there I was on a 0 hours contract where no notice was needed to leave. This has since been changed to 36 hours but I have never recieved a new contract. Just a letter confirming my new hours and stating that all other terms and conditions remained the same. So technically I don't need to give notice.

I would check this with ACAS as you may be working under an implied contract.

I hope the family take them to the cleaners xx

I'm an HR Manager and they can't refuse to accept your immediate resignation. Employers can't lock people up to work their notice. It's ridiculous.

I'd make it crystal clear in writing that you resign with immediate effect as of today's date. Technically you are in breach of contract as you are not honouring the contractual notice period, but in reality there isn't much they are going to do about that.

They can't refuse your resignation. That's crazy.

This is probably bad advice, but as you don't need the cash, just walk. Just don't go back in again.

Sorry I've just seen that you have not been issued a contract.

In which case they are acting even worse!

Im so sorry how this has affected you OP.
What did you do wrong to get suspended.
Its odd they would keep you on full pay for so many months.
Why not just sack you if you did something wrong?

Can they legally offer the job to someone else?

Thinking more about this, as they don't even have a contract with you I really don't see what they can do beyond not paying you outstanding wages. And honestly, at this point outstanding wages aren't worth the stress. If they email you again, just say you no longer work there and they are not to contact you again. Then block them and look for a better job. You are worth so much more than this.