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Original poster

No reply to notice

15 replies

sianyb83 · 02/12/2020 11:09

I gave notice verbally last Thursday to my manager...he and our senior manager had a call with me later that day to discuss, they both said to take the weekend to consider it.
On Monday, I emailed notice at 10am...and haven't yet had a reply.
I spoke to manager yesterday, we had 90minute conversation going over (again) my reasons for resigning. He said he would reply.
But as yet, nothing.
In my notice I asked to leave ASAP, (not my contractual 4 weeks) I'm not sure if this is delaying things.
In my notice letter I also highlighted (but didn't directly accuse) that I believed I'd been discriminated against due to pregnancy and maternity leave.
Again, would this delay their reply?
I would at least expect confirmation of receipt.

OP posts:
WineIsMyMainVice · 02/12/2020 15:57

I would suspect that they’re worried about the discrimination angle. They may be taking legal advice. In what way we’re you discriminated against op?

flowery · 02/12/2020 20:47

Yes allegations of discrimination will be likely to delay their reply. But it has been acknowledged and the fact you’ve not had a written response doesn’t change the fact you are in your notice period and progressing towards an end date.

Smallgoon · 03/12/2020 02:48

Legal advice before they reply. No doubt you'll get a reply from them stating how shocked and saddened they are by your allegations and how seriously they will take them etc etc.

This sounds like a constructive dismissal claim?

Original poster
sianyb83 · 03/12/2020 16:13

Hi all,

I've now had letter - saying they deny there was discrimination, explanation etc etc.

They've agreed to waive my notice period - I asked to leave ASAP, which they've agreed.

This letter came from my manager, but was definitely not written by him.

They is a letter coming from our euro HQ, its being sent from Paris by overnight courier. Which is crazy.

I'm presuming they'll pay me in lieu of notice but who knows!

OP posts:
Smallgoon · 03/12/2020 18:01

Well they clearly think you're about to hit them with a grievance/tribunal, hence are trying to cover themselves.

Do you have another job to go to? Are you looking to take action against them if there was indeed discrimination? Or did you mention it so that they wouldn't challenge your immediate resignation?

rottiemum88 · 03/12/2020 18:04

Are you planning to claim constructive dismissal OP? Seems they might be expecting that.

freezedriedromance · 03/12/2020 18:19

If you've asked to leave without notice do they have to pay you?

flowery · 03/12/2020 18:50

If you've asked to be released early and they've agreed to waive your notice period they won't pay you for it. Or at least they certainly don't have to.

Hollyhocksarenotmessy · 04/12/2020 18:23

Did you mention in the letter that you were resigning due to the discrimination? Did you go through a grievance first? If no, that will affect any attempt for constructive dismissal.

You requested not to work notice: they do not have to pay you for it.

Original poster
sianyb83 · 05/12/2020 00:19

Yeah - they agreed to let me go early, but aren't paying me for the remainder of the month.
I have another job to go to, they don't know about this.
I am sending all the info I have to a no win no fee employment law firm I've found. I don't they'll get anywhere but nothing to loose.
They broke the law - advertising a job whilst I was on mat.leave without telling me, the job contained 50% of my job spec.
Their letter in response acknowledges this.
I'm pissed off, but its over now. I have a new exciting job to start, better pay and much better titles and seniority - and can use my skills again!

OP posts:
Smallgoon · 05/12/2020 00:54

I don't see what the point of the a no win no fee employment law firm would achieve since I take it you'll be claiming constructive dismissal, yet you have another role to go to?

They broke the law - advertising a job whilst I was on mat.leave without telling me, the job contained 50% of my job spec.
Their letter in response acknowledges this.

What acknowledgement was there in the letter about the role they advertised?

Original poster
sianyb83 · 05/12/2020 18:01

They acknowledge in the letter that they other role was advertised - but as it was for a different sub-brand, they didn't tell me

OP posts:
Original poster
sianyb83 · 05/12/2020 19:03

This is still illegal?

OP posts:
flowery · 05/12/2020 20:01

“A different sub-brand”?

A different employer? Or the same employer?

Would you have applied for it?

Smallgoon · 06/12/2020 01:12

@sianyb83

This is still illegal?
You haven't provided very much context so it's hard to know. Are you saying they re-advertised your role (behind your back), but under a sub-brand, so as to not arouse suspicion?

If that's what you're saying, then yes it would be illegal, certainly if they'd never had any performance related conversations with you. However, what are you suing for? Constructive dismissal?

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