Employer says I resigned - But I didn't!

[TiredTigreg]

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?

You were looking at jobs on your works laptop? On mu opinion you should be sacked. You were not using company property in the way in which it was intended to be used. Gross misconduct.

cut the girl some slack, she was exploring her options as she had a gut feeling this job wasn't for keeps Mrs Jobsworth

Then she should have been looking at jobs in her own time on her own computer. I have no sympathy.

It's not gross misconduct...that's violence, threats or theft. And there was no Internet Usage policy to follow.

There are plenty of potential gross misconduct offences that don't involve violence threats or theft, although I agree that without a clear policy an employer would find it difficult to argue that using a work laptop for this is gross misconduct.

But anyway it makes no difference.

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

Does this mean accepting the four weeks' paid notice period which you will not be required to work? Your treatment isn't ideal but it might be better to draw a line under this, take the pay in lieu of notice, and channel your efforts into finding something else instead of investing time and energy contesting something you are unlikely to 'win'.

OP mentions only herself and boss in the meeting - no witness/supporter, no minute-taker. Does this make any difference?

Flowery and ACAS are correct (not surprisingly). Unfortunately OP they only have to pay you your notice, which they have offered to do.

I don't think you'll get anywhere with a sex discrim claim - the cause of your dismissal is clear (looking for other jobs) and nothing to do with your gender. You'd also have to lay out £1k to have your claim heard.

It's crappy, but you need to accept the notice pay and move on.

I agree, just draw a line under it. It isn't worth the angst. You'll be better prepared the next time.

If you need to claim JSA then it might make a difference whether you resigned or not. I would write/email to them confirming that you haven't resigned and that you were asked to leave the premises, then told you couldn't come back when you asked to return to work, so you consider yourself to have been dismissed.

Even if it makes no difference to anything, if it were me I would be so angry that they had done this I would make them admit it in writing.

Good luck with the job hunt.

Am in the same boat .Employees have so few right now. What a corrupt country we live in!

I have to say I don't agree with you there upupupandaway. Employees in this country have lots of rights and I don't think the OPs employers behaviour is evidence of a corrupt country.

I agree with Flowery. I have seen it from both sides, and I think the balance is better than it was. I have been at 2 tribunals where ex employees made outrageous claims with no foundation. It cost a lot of time and money to defend, but my former employer won, quite rightly, and justice was done.