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

You are entitled to job seekers for some months on ni contribution, then goes income assessed. Be careful, get advice. I don't think you are allowed a lawyer in the meeting but take a friend if no union

I didn't see your last thread, so I'm not sure what it is you are being disciplined for. Do you have a case to defend yourself?

Go off sick, nothing to lose, youbwont be getting a reference anyway

I'm so sorry for you. I have no legal knowledge to be able to help but please get some expert advice and look after your own emotional well being first.

I don't know your past thread or the background, but you need to talk to a solicitor.

HAve you gone to see a solicitor OP?

Resign again, and then get your doc to sign you off sick for your whole notice period.

Lack of references due to employer/employee disputes are surprisingly common. They cannot malign you in a reference as this would open them up to accusations of libel. They also can't lie. so they are almost certainly still going to give you a 'she worked here from a to b' reference. This is also pretty common, as it's a standard response when someone has a compromise agreement, which you'll get for redundancy, dismissal etc. If you're worried, just tell a future employer that you left because of a dispute. Then they won't expect a glowing reference (which no-one takes any notice of anyway!)

Can you take advice of an employment law solicitor ASAP, OP? 

I can't offer any advice, but it sounds as if you are in a horrible situation. I read your first thread, and it sounds as if your employer has fallen down in a number I'd ways in their hr responsibilities and are trying to cover themselves now. I hope you can find a better employer soon.

The thing is the OP has worked there less than 2 years, she doesn't want to work there any more, isn't entitled to benefits and doesn't need the money, so I wonder what is the point? She's not going to get a good reference. I don't see what a solicitor is going to be able to do about it. There's nothing her work can do about it either. There's no need to resign again, she has already resigned. She doesn't even have a proper contract. If they insist she works her notice period, just say no. They can't force her to work there and attend meetings. They won't be able to take her to court as they haven't followed any kind of proper procedure. It's a farce. Just walk away. 🤷‍♀️

What do you think they want the outcome to be of the disciplinary to be because I suspect its that the procedures were there and you did not follow them so they have on record it nots their fault

But I have to say it must be pretty serious consequences of you not following procedures for them to be sueing

Sounds like a truly tough situation.

Seek advice from qualified people... the thing I would be most worried about is the court case and being made a scape goat- and I would plan to do all to avoid fallout from this.

the thing I would be most worried about is the court case and being made a scape goat- and I would plan to do all to avoid fallout from this.

Yes, there could be a defamation angle there which, if it led to having problems finding work later, would lead to an actual loss.

I'd be keeping a close eye on this case. In fact, if I wasn't working, I'd probably turn up in court every day looking alert and engaged, with a notepad and pen, and make loads of notes and in the breaks phone people (or pretend to) and 'brief' them on the days events.

Maybe ask Mumsnet to put this in the Legal section, OP?

Are you in a union? Ask for advice - a large union usually can offer legal advice, and certainly you will need someone to support you when you go to your disciplinary.

I didn't see your previous thread, so don't know the details, but this does seem to be something of a witch hunt from what you have described here.

How it go. Think you need legal advice

You don’t have a contract. Unless you have been informed otherwise I would have thought you can resign with immediate effect and with no notice period. But I am no solicitor. You really need to see a solicitor ASAP. This is really urgent now.
I also agree with posting in legal.

Blimey OP, they sound awful in so many ways!

They definitely can't refuse your resignation! They sound bonkers.

Put your position in writing, make it crystal clear. Then tell them you do not wish to engage in further communication as you are feeling harassed and bullied by them.

I am not a lawyer so could be wrong. But couldn’t advertising your job as though you’ve left when you haven’t be construed as constructive dismissal?

But couldn’t advertising your job as though you’ve left when you haven’t be construed as constructive dismissal?

Yes. But the OP has under 2 year's service so she cannot bring a claim on those grounds.

Resign. (Unless you need to claim benefits). They don't have to accept - if you resign you've resigned, you don't need their permission.

Get signed off for your notice period. No doubt this situation has caused you a lot of stress

You may want to allude in your resignation letter to you considering whistle blowing around the illegal removal of rest breaks under the Working Time. (You don't need 2 years to bring a constructive dismissal for whistle blowing but constructive is hard to prove) and also that you are considering your actions in regards to the mental injury that has been caused by their actions both in the handling of this issue and the lack of rest breaks.

I wouldn't suggest you DO try to take them to court but resign, allude to it and suggest that you would be open to a protected conversation and then try to negotiate a settlement agreement with a payment in return for you not taking further action and an agreed reference.

With the whistle blowing you'll want to frame the lack of legal breaks leading to staff being too tired to work safely and putting the clients at risk (if this is the case)

Ok, I'm unsure as to what it is you do? I'm just wondering with regards to you say you've been working from home for 16 hours with no breaks. Have you any way to prove that?

Also - I note you haven't had a contract but did they give you a written statement of your main terms and conditions? If not that's another legal issue for them. I wouldn't stick around to fight it, but note it in your resignation letter with the suggestion you might take it further if they don't want to consider a settlement agreement and agreed reference.

Semi OP does care work, so there will be records of client contact time, proving that or travel time, presumably.