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Original poster

Employer says I resigned - But I didn't!

38 replies

TiredTigreg · 07/07/2014 12:02

Impromptu meeting last week with my boss, he said he could see I had been browsing job sites on my work laptop (yes, I know it was dumb) and knew I was unhappy. Shock of thinking I was about to be disciplined made me mute when he suggested I resign. I left the office on his say so and haven't been back since.

On Tuesday, once I'd thought about it, I realised that he was in the wrong and have since had a string of mails go back and forth between us discussing the issue. He initially offered to pay 2 weeks wages without me needing to be in the office and then changed to 4 when he realised my contract said 4 - I haven't accepted this offer.

I didn't sign anything or put my resignation in writing, and the most recent message from him says the company are not prepared to accept a retraction of the resignation...but I haven't resigned.

I have offered to meet with him to discuss the issue but he refused and he categorically stated that I was not being dismissed. Company has no internet usage policy or disciplinary procedure, so where do I do next?

OP posts:

Namechangearoonie123 · 07/07/2014 12:05

Were you supposed to be in work though?

You can't walk out without having been dismissed or resigned, did you call in sick?

Original poster

TiredTigreg · 07/07/2014 12:08

Yes, I was in work - he told me that he thought it'd be best if I resigned and I have it in writing that he has not dismissed me. This is where it gets tricky because I was in shock and so mutely agreed to get out there and then so I could think about it.

OP posts:

Youdontneedacriminallawyer · 07/07/2014 12:08

Do they have anything in writing from you saying you resign? I think you always have to put it in writing/email.

Unless you are specifically forbidden to use internet and/or use internet to read job adverts, I don't think you can be dismissed on these grounds.

IMO (not an expert) the worst that can happen is that you get a disciplinary for wasting company time whilst being paid.

Suggest you contact CAB for advice pronto.

upupupandaway · 07/07/2014 12:10

Sorry to hear you are going through this. I've got a meeting with my bosses tomorrow and I know they want shot of me.
You didn't resign, you were told to leave.
Employers need good reasons to fire you if you have a contract. My advice is to call ACAS 0300 1231100.

upupupandaway · 07/07/2014 12:11

ACAS are brilliant and you'll get the answers you need without having to wait forever for a meeting at CAB.

flowery · 07/07/2014 12:39

How long have you worked there OP? Employers do not need "good reasons" to fire you if it's less than 2 years, contract or not.

upupupandaway · 07/07/2014 13:29

Really? I know I'm getting my cards in the morning.
It is one thing firing someone and another telling someone they have resigned when they clearly have not. Perhaps they've said that for fear of recrimination?

Original poster

TiredTigreg · 07/07/2014 14:09

18 months Flowery.

He has denied dismissing me and keeps claiming I agreed to resign. Am a woman in an office of 3 men. What recriminations could there have been?

OP posts:

flowery · 07/07/2014 14:31

He has taken your actions and responses as agreement to his suggestion that you resign.

If you don't want to resign, write formally and confirm that you have not submitted a letter of resignation and are fully prepared to continue to work as usual. You could also say that you confirm you will be returning to work on x date (tomorrow perhaps? Assuming you do this via email).

Ultimately though, it doesn't sound recoverable and as you've not been there long enough, they can quite easily dismiss you as long as they give you correct notice. He may be under a different impression hence the slightly strange way he's acting.

If you'd been there longer, had not been dismissed and had not resigned but they claimed you'd resigned and didn't let you return, you'd be looking at a possible claim of constructive dismissal, however that's not an option here.

If you definitely want to go back, email as I've described, and go to work. If they don't let you work, that can be taken by you as a dismissal, but there won't be anything you can claim unless they don't pay your notice which it sounds as though they fully intend to do.

Original poster

TiredTigreg · 07/07/2014 14:36

I have already tried that Flowery - he told me not to come into the office...I told him I would be today and he has told me not to or I'll be escorted off the premises.

OP posts:

flowery · 07/07/2014 14:41

Ok well I would suggest you take that as being a dismissal then. If you want to, you could write saying that you did not at any point submit your resignation and have expressed willingness to return to work, however as you have been advised that you will be escorted off the premises if you attend work you have no option but to consider that you have been dismissed.

But ultimately, it doesn't make a lot of difference.

Namechangearoonie123 · 07/07/2014 14:52

It will make a difference if you try to claim JSA though and your employer claims you've resigned. I'd send the email saying that you have not resigned, are fully prepared to come to work but that you take the last email as dismissal if they say they will escort you from the premises.

Are you going to need to claim JSA?

flowery · 07/07/2014 14:55

Oh that's a good point, sorry I don't know anything about benefits.

upupupandaway · 07/07/2014 15:40

Have you spoken to ACAS yet?

Original poster

TiredTigreg · 07/07/2014 19:50

ACAS said I had no recourse to any claim for unfair dismissal. So basically, I've got to suck it up.

OP posts:

Gemma77 · 07/07/2014 21:10

Really surprised by ACAS!

I think you have a strong case - even if you had pared to resign in the heat of the moment you could still have unfair dismissal rights (employers should give a cooling off period of a day or two if resignation is made in heat of the moment).

You could also write to your boss and state clearly that you were shocked by his suggestion and was quiet because you were trying or absorbed what was being said but that you have categorically have not resigned. The burden of proof would be on him to show that you did resign and clearly there is no resignation in writing/email.

If you do not turn up for work then you are acting as if you have resigned so I would continue to turn up to work!

This doesn't sound like the type of company I would want to work for but that doesn't mean you should walk away without a fight (and probably a settlement agreement)

Personally, I would approach a solicitor. Some offer free advice for the first hour and could give you an idea of the strength of your case (and also how much you might expect by way of a settlement agreement). Check your home insurance too - if you have legal cover that will cover you for legal employment advice too

Good luck!

Johnogroats · 07/07/2014 21:16

Gemma. Your advice is incorrect...as OP has only had the job for 18 months she cannot claim unfair dismissal. ACAS and Flowery (as ever) are correct.

flowery · 07/07/2014 21:17

"I think you have a strong case"

On what basis? The OP does not have enough service to claim unfair dismissal as has already been made clear on this thread.

flowery · 07/07/2014 21:18

X posts, thanks John

maudpringles · 07/07/2014 21:22

Oh dear, something similar happened to a friend and they were left terribly shocked too.
I am sorry.

Why oh why do people always go on about unfair dismissal without knowing basic employment law though????

Gemma77 · 07/07/2014 21:26

Ahhh - I didn't say OP could claim unfair dismissal (only that resignations in heat of moment are not sound and can be deemed unfair dismissal) but I see your point.

Could still be breach of contract (although I haven't seen OP contract!). And I expect solicitor if making a claim anyway would through discrimination in to...

SpringItOn · 07/07/2014 21:31

Doesn't make a difference either way re JSA dismissal or leaving voluntary both can equally impact on benefit. Leave voluntary you provide the initial info. Dismissal, your employer has first say then you say your part. Most employers don't bother responding and that goes in your favour.

flowery · 07/07/2014 21:32

If you didn't mean unfair dismissal what claim did you think the OP had a "strong case" for?

maudpringles · 07/07/2014 21:41

Gemma, I think you are giving bad/ incorrect advice.

upupupandaway · 07/07/2014 22:33

I feel your pain OP. I think/know employees have fewer rights than say 20 years ago. I'd request a written letter from your employer stating the reason for your dismissal.
In the meantime I'd temp or do care work ( no shortage of that just to keep your head above water. You will need a CRB or equivalent , there are agencies that will foot the bill.
All the best xx

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