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resiging from work might be sueing them - should I work notice or just go?

13 replies

sharklet · 16/11/2005 15:56

Help!

Work are being complete Ba**ds to me at the moment (all part of a very long story starting with messing up my maternity pay 20 months ado and ending with them not paying me my salary this month) Currently they have told me they didn't want me to come into work last week - college was being inspected and I had been ordered not to discuss my problems / arguments with the college in anyway with the Inspectors as it would make things worse. They have been awful and having worked there 10 years I really want to leave (I still love the job but they have pput me in a horrible situation) I spoke to Dr and lawyer and they said resign and do them for constructive dismissal.

What would you do - I'm supposed to give 3 months notice and am due to go in on friday. Don't want them to have one over on me. Should I go in and draft a resignation letter and do the three months (I'm part time and its over christmas holidays so it will actually be about 8 working days)

What would you do.

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NotActuallyAMum · 16/11/2005 15:58

I'm no expert so I'll stand corrected if anyone knows different but if you don't work your notice could they not sue you for breach of contract?

vwvic · 16/11/2005 15:59

Cpuld you give notice, but get a doctors letter explaining that you can't actually work due to stress?

Sympathies, we're going through a similar situation atm

sharklet · 16/11/2005 16:00

Thats what I thought but my legal advisor said not to go in and maybe get signed off work with stress. Am not sure though as my Dr is not very good with doing stuff like that.

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sharklet · 16/11/2005 16:02

i went to see Dr week before last and had hour long talk with him he told me just to leave and refused to give a certificate. Am almost afraid to go back as I'm sure he'll say the same thing. he said he wanted me to call him back and tell him I had resigned and that he didnt want to hear another whinging sesion from me. (sigh)

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sharklet · 16/11/2005 16:02

i went to see Dr week before last and had hour long talk with him he told me just to leave and refused to give a certificate. Am almost afraid to go back as I'm sure he'll say the same thing. he said he wanted me to call him back and tell him I had resigned and that he didnt want to hear another whinging sesion from me. (sigh)

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sharklet · 16/11/2005 16:02

i went to see Dr week before last and had hour long talk with him he told me just to leave and refused to give a certificate. Am almost afraid to go back as I'm sure he'll say the same thing. he said he wanted me to call him back and tell him I had resigned and that he didnt want to hear another whinging sesion from me. (sigh)

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Miaou · 16/11/2005 16:03

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Kelly1978 · 16/11/2005 16:05

if you don't work your notice the company can sue you for any losses as a result of you not workign your notice. It rarely happens in practice as it is quite difficult to prove and the compnaies rarely make enough financial gain from it.
If your gp is unhelpful is there another one at the practice you can see?

sharklet · 16/11/2005 16:07

Its a possibility. I had thought that myself. Its made worse that my line manager is only in 2 days a week and isn't in again until Friday so I wonder if maybe I should go in this friday hand in my notice and see what they say. Am very torn of what to do.

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LadySherlockofLGJ · 16/11/2005 16:07

Sorry to hijack Sharklet, but Crunchie needs you to email her re hotel, for meetup.

crunchie · 16/11/2005 16:12

No it's OK I've heard from her, theres only Geraldgiraffe to go

Kelly1978 · 16/11/2005 16:34

Have you discussed the situation with your legal advisor if the gp didn't give you the letter? It sounds liek an awful situation. I wouldn't worry about beign sued, but obviously you don't want to jeopardise your case against them. Personally, I can't see that not workign your notice would harm it, considering you are claiming for constructive dismissal. I hope you get the situation resolved soon, and good luck with your case.

sharklet · 16/11/2005 17:14

I did discuss it with a legal advisor. My GP was helpful (well he thought he was) he arranged for me to see his solicitor (who was way to expensive and I could never get hold of) but he's a very bossy kind of person. I think he thought if he gave me a sick note I'd stay working there and I think he feel its making me ill staying. Helpful in some ways but in others a right pain - especially if I have to work 3 months notice.

Am going to see a solicitor next week to discuss some more on constructive dismissal. ThinkI'm doomed to go in for now - at least that way i can pick up my stuff as I have tons of art books, products and stuff of my own there.

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