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Not sure what they want now

4 replies

Melonballscoop · 29/03/2019 13:55

I resigned a while back with immediate effect as I was feeling immensely stressed (had to go on sick leave) and felt unsupported and pushed out to an extent. I also cited personal reasons. It wasn't meant as a grievance I just wanted to give "proper" reason for not working my notice. I feel so much better since being out of there but I've spoken to a now ex colleague who I got on with outside of work and they've told me my ex employer thinks somehow they still employ me (not sure if they do really think that though, bit odd) and am I coming to the meeting? What meeting I ask, I have heard nothing.

Apparently they're planning to invite me to a meeting to discuss my resignation as it leaves them open to a tribunal so they want to discuss it. I have no intentions of starting a tribunal, I just want to move on and even the thought of them contacting me is putting me on edge. What do they want, why, what happens with this kind if thing?

Also, is this a breach of confidentiality? No, my colleague shouldn't have told me but they are not part of the management and I would have thought shouldn't even know if I'm being asked to come in for something.

OP posts:
daisychain01 · 29/03/2019 15:40

If you're still in your notice period since your resignation date then yes you are still employed by them. They may be reading between the lines that your "resignation with immediate effect" could potentially be you initiating a Tribunal claim for Constructive Dismissal, where the employee claims a complete breakdown in trust and confidence of the employment relationship meaning the employment contract is 'torn up', hence no notice period applies.

It would have been better to resign and get medically signed off sick by your GP for the remainder of your notice, if you are too ill to work. If you're still in your notice period and currently off sick, you can ensure you have Fit Note coverage for remaining days you are sick.

From your employer's perspective you've left it in limbo so they have the right to call a meeting to clarify your intentions. You are still legally bound by your employment contract while you're serving notice, just the same as they are.

Re confidentiality, your ex colleague shouldn't have known but there's not much you can do about it that's going to make much difference now.

Chewbecca · 30/03/2019 09:41

Could you resign with immediate effect? My contract doesn’t allow it so I would still be employed for my notice period.

It sounds like an ‘exit meeting’ which is standard practice to capture the reason for resignation, look for trends etc.

sackrifice · 30/03/2019 09:58

If you haven't been invited to a meeting then how can you attend?

It would be quite funny if they have emailed you at the work email address inviting you.

The reason they think they still employ you is that you would have had a notice period to satisfy.

flowery · 30/03/2019 16:04

I wouldn’t do anything or worry about anything based on 3rd hand information.

If your resignation letter made it clear that you were leaving with immediate effect, had no intention of serving your notice period, attending work or being bound by any of the terms of your contract then you are in reality not still employed. The employment relationship/contract has been fundamentally broken, by you, and is therefore at an end.

It probably doesn’t matter, in reality. If they’re contemplating inviting you in for a meeting it’s probably because they are concerned about a potential constructive dismissal claim, and want to make sure they are seen to have done everything reasonable to resolve your concerns.

If they do invite you, you could go or not go, it’s up to you. If you don’t hear from them I would just leave it and move on.

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