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Short advice needed guys, I have worked for a company for 22 months, car,phone and laptop and a good salary, on the 29th January I was in the office and the new sales managers laptop was open and I noticed a letter with my resignation typed on the laptop apparently written by me, I confronted her about it and was asked to go to the meeting room downstairs where she then shoved two pieces of A4 paper in front of me and asked me to sign one for my resignation or the other one saying I have been sacked for Gross Misconduct, no reason was given for the latter charge and was told if I sign the resignation letter I can keep my company car for two weeks and will receive Febuarys salary at the end of February, if I choose to sign the Gross Misconduct letter I would leave the office in the next 30 minutes with nothing and 80 miles away from home....... not much of an option, your thoughts on how to proceed further would be a help, one law firm says I should have not signed but like I said I had no option, one firm is happy to proceed but concerned about the cost, not doing the no win no fee situation as there is still a big charge plus 29.5% of any outcome if succesfull. By the way I have a new job starting on 3rd March so not a financial worry as yet but feel totally that companies can do this.

I'm not absolutely certain, but I thought you could be dismissed without a written statement outlining why if you have been in employment less than 2 years

they didn't tell you what you supposed to have done? the contract i assume of resignation is worthless as they basically forced you to sign it...~(this would need a lawyer going through it to make sure) personally i would absolutely go down the law route. Ask for an initial free consultation..

Why did they act like this? seems a real nasty way to treat people.

100% should not have signed. There is always an option! Just refuse to sign, say you are happy to leave immediately but you will be walking straight into a solicitor's office..

What did the gross misconduct letter say?

You have to have worked for a company for 2 years continuously to qualify for redundancy any way, so they could have just paid you until the end of the month and been done with it. I am pretty certain that they can't get rid of you in this manner though. You would be much better off taking them to court if you didn't have another job lined up but not sure I would bother in your case. You won't get much out of it at all.

I'm not absolutely certain, but I thought you could be dismissed without a written statement outlining why if you have been in employment less than 2 years

Probably also think that, given you have a job to go to, just take the hit since things are stacked so heavily in favour of the company (even if they exhibit quite shitty behaviours like this) and any payout would be farcically low, particualrly in light of having a job to go to. Probably let your rightly indignant feelings subside a little and then just move on.

Go to a Citzens Adivce Bureau and make an appointment with an employment specialist

This can be done within 24 hours

Free advice, go through your options

To apply for a Tribunal hearing to contest a Gross Misconduct costs around £1200, which is why many people don't contest

Pretty sure they need to give a reason, if they do have a good reason you are probably stuffed.

Wow, thats pretty ballsy of them.

The firm my girlfriend worked for was downsizing last year and tried an awful lot of things to try and get her to quit and wriggle out of redundancy proceedings. Multiple warnings for ridiculous stuff like turning up one minute late (its a web design company, very relaxed office atmosphere, everyone else was fine to come and go as they pleased as long as they worked the contracted hours), work under constant surveillance, managers CCd into every single email, being put on a personal improvement plan etc. Putting these two in front if you is another level though.

btw I'm not qualified at all beyond having looked at a ton of employment law stuff in the last year but now that you've signed and agreed that you committed gross misconduct I can't see that you've got a leg to stand on unless you can prove that you were coerced into it but I don't really see how you would go about proving that. You've admitted to the only thing that you can really be fired on the spot for. The only course of action in your spot was to leave and seek advice from someone like ACAS. The unscrupulous employers out there will do anything and everything to sidestep their legal and contractual obligations.

Best of luck if you do decide to proceed with the tribunal but I'd be tempted to just chalk it up to experience and make sure that you get familiar with your employment rights, of which there are many.

Pretty much this..

A few things.  

The information that you put up is deliberately vague (I'm assuming) so asking for advice based on the above information isn't a good idea, as you won't get much.

Were you in a sales based role? As they have certain clauses within contracts that allow companies to immediately dismiss employees pending investigations.

If the above or something similar, you may have had competition denigration clause which a company would enforce to protect themselves from vicarious liability

Whatever it is, CAB should be able to help..    

I believe they only have to give one week's notice if you are employed less than two years, unless your contract says something different. It probably says one month, in which case they could have just given you a month's notice and paid you til the end of Feb without asking you to work it, so there doesn't seem to have been any need for the way they approached it. You have another job - move on, forget about it and be glad that you don't work with them any more.

Try guys, no reason given verbally or written, New law states you have to be with a company over 12 months so the 2 year rule has gone, had e mails two weeks before from company praising my work and sales performance....... New Sales boss perhaps wanted her own team in. But cos I signed the resignation letter I feel I don't have much hope, sent an e mail to withdraw my resignation and they refused to accept.

You signed "Under Duress"

Performance based contract then, don't accept it, take them to to court, they'll settle out of court if they are a credible company...

Very easy to do, represent yourself and if you have any issues, email me... stevensethi@gmail.com

Good luck...

It very difficult to give any sort of advice. The details are vague, and this is the not the right place to do it, as it could be prejudicial

Especially as on a public form via Google etc the company can see what is posted here if you are unlucky (search for your name, find poker, find flushthemout, find blondepoker, search posts....)

Take advice privately. Its not clever to have the debate on here

as someone said earlier, go to CAB, it is free legal advice and speak to someone included in the employment side of it all.

they aren't allowed to do this, unless you are within your probation period, they have to give you some sort of "reason" for you leaving. but if they have forced you to sign a resignation form, take it legally.

C.a.b have put me in touch with Employment law Specialists, First law firm says its a no go as I signed the resignation letter, 2nd firm says happy to take case on but won't do no win no fee, £150.00 a letter and nearly 30% of what I may win.

Try sir

Not sure that's right. https://www.gov.uk/dismissal/what-to-do-if-youre-dismissed

In a nutshell if your start date was before 6.4.12 you have rights, if after you don't.

Because you may not win... Very hard to proof Duress...

Make a decision bearing in mind that this may cost you in the excess £3k and you are more likely to lose then win.. But if you win, they pay costs and you get compensated...

Like I said the info is deliberately vague, so any advise isn't going to be great and to be honest very unprofessional ...   (Love the contradiction)

Also, put this out to your network, you may find an old friend specializes in employment law...  

Understand Rich, but not vague, that is what happened
1,22 months at company
2/ No warning verbal or written
3/ Two pre printed letters , not headed paper and one written supposedly by me
4/ E mails stating `Good performance
5/ unable to get from office if I signed the gross misconduct
6/ So no option but to sign the resignation letter

Ty for your guidance though

At least the new company car is better, cheers Steve, Daniel, Dave and Rich

This is terrible and proper cowboy approach from the employer. I am presuming it is a small company or maybe family run with no formal HR department or procedures?

You shouldn't have signed the letter but that doesn't help you now. Duress is hard to prove.

Unfair dismissal is one route to go but you signed a resignation letter so that will be very difficult to challenge. You could claim constructive dismissal but those cases have less than a 10% success rate and are very long and arduous.

Maybe best to move on and put it behind you unless you really want to go after them and fancy the challenge. CAB is a good shout or you could go to ACAS.

Good luck.

Start date is so important because of the change in the law
Before or after 06.04.12?

has anybody who is recommending CAB ever used them for anything other than claiming benefits that they might be only vaguely entitled to?

I have yes

Free professional advice and a valuable service for many I think


For employment stuff the ACAS Helpline will do you the same job over the phone, google is your friend

Very different from my experience.
ACAS Helpline definitely worth ringing.
I fought a former employer on a Constructive Dismissal case a few years back - found a solicitor who gace me great guidance and charged me very little for reading through my submission to the company appeal panel and subsequently vetting the confidentiality agreement.

Before Stuart, massive company in Europe head office in Finland, no HR in the uk

Believed ACAS was the route but they were not much use, just advised to get employment law specialist try anyway Mr A

During the last two weeks I have e mailed and text the M.D, he has sent me a response to inform me all my correspondence is now blocked and I did the same to head office in Finland, not a single response from them either, now sent all correspondence via recorded delivery, asking for settlement or will take it to a tribunal so I may get a response shortly but not hoping tbh.

This is madness that this is allowed. My dad has loads of problems with staff but is to scared to get rid off them due to the backlash. Might suggest this approach to him!

I've written several replies and deleted them for fear of a ban from Blonde, best to just lol at this comment I guess

PMs work :)

my other half had a few issues with her employer and joined the GMB union who gave her some decent advice and had resources/contacts to help her.

Your original comment is so trollish it deserves to be called out in public

Cheers Leeds Fella

It really depends on individuals, when my wife had employment issues think it was solicitor > CAB > Union.  Others could easily find that order reversed.   I once got given a solicitor for a motor claim by my insurer and they were beyond useless. I didn't believe they were even trying to represent me at all.  I have also been on the other end of an employment dispute and found ACAS very good and balanced (we ended up around the middle of where we both believed we should be).

Wasn't at all intended to be trolling. My comment very accurately reflected my own and my family's experience with the CAB.

But feel free to have a pop based on your own reading of my post.

No offence taken David, ACAS said no hope, no idea why, 1 brief says your
word against there's, 2nd brief feels I have a case so need to way it up.

anything other than claiming benefits that they might be only vaguely entitled to

I don't really see how that comment could be seen other than as a pop at CABs and their clients

/end derail

The first brief is no win no fee, second brief gets paid either way so is bound to tell you you have a chance.

No way on God's earth I'm admitting gross misconduct if I'm not guilty BTW. I'd rather sleep in a ditch and walk home.

What ever possessed you?

Just read OP properly

Still not signing.

+ 1

I still don't get why on earth you would sign, really makes no sense to me.

Have you ommitted anything?

With a new job on horizon never gave it much thought, and 80 miles from home with no cash on me r
That's why I had no option, hindsight hey, then I think why should employers be able to act like this, and tbh its not about how much I can get out of them its principle

ce ci nes pas une voiture etc

as others have said, I absolutely wouldn't have signed either letter - they could hardly hold you prisoner and force you to sign anything.  now it's done I think you'd be hard pushed to win a case against them.  the lawyer who has agreed to take it on stands to make money whatever the outcome, so i wouldn't place too much store on their advice.  put it down to experience, be glad you're not working there anymore, and go get 'em in the  new job imo.

I remember 2p phone boxes Tom

Yeah no chance i would sign anything. Would rather walk home in the rain, absolutely ridiculous spot to be in though. No money? No phone of your own? I dont get it, everyone i know who has a company phone has two phones and most people carry their wallet on them which would have some means of getting you home in it.

I had money but not enough for train ticket, wallets went out with phone boxes

There are still public telephones though, and surely you can find somewhere (a pub maybe) where someone will let you make a phone call if to tell them you're stranded. Even the police will phone home for you if you're stuck.


I ran out of fuel on the A1 near Tuxford at about 3am once. I flagged a police Range Rover down and he gave me a lift to a garage and then drove me back to my truck.

After I put the diesel in it wouldn't start so he gave me a tow, then to finish off he gave me a ticket for having a bald tyre.

I didn't mind though. Fair's fair. He was a decent bloke.

Agree Tom, but when u have not been expecting something like this I should remember my boy scout moto `Be Prepared`

To sack somebody for misconduct they must have a process to follow?

Lol, brilliant.

Tom remembers 2d phone boxes

Yep £1200 to enter.

Potential compensation and costs back.......put up a staking thread  :)

Unfortunately, I remember these, God love me.

(http://www.1900s.org.uk/1940s-images/ab-phone-box-inside.jpg)

Lol Tom, its like shoving with Ak........... its only Ace High, Thanks for all input will let you know any more devolepments but now written to Head Office in Finland and waiting for an out of tribunal settlement......... Fat chance

I'm not an especially hard man, obviously harder than most, but still open to reason.

They would have had to assault me, pretty grievous for them if they chose this route, to get the phone and car keys off me.

Don't mean to make light but I mean what I say there

Amen!

is there something missing from this post?

Why were you looking at her laptop? She really left it on, with your letter clearly visible?

What would/could they have done if you refused to sign either letter? Would they have physically stopped you from leaving the premises? If so, how?

Reading private stuff on the manager's laptop = Gross misconduct.   :P

Well, that's what i was thinking, but wasn't sure. I'm sure its a fairly serious offence though.

When I was stuck somewhere and lost my wallet, the police station gave a permit to travel form which meant I could get a train and taxi home without any cash.

This was about 25 years ago though, do they still offer this service?

Leaving an unprotected laptop open on your desk never goes down well either.  I don't think leaving a company laptop open with a fraudulent resignation letter on show would be something that would be welcomed either.

All sounds dodge. Did she mean for u to see it? Surely you'd be super carefulif you knew an employee was about when you've drafted their resignation letter?

Maybe George, but i went upstairs and it was there by the photocopier and visable by anyone,  and she slammed shut it when she came up and seen i had noticed it,no hidden agenda, just thinking she was new and wanted her own sales team in possibly, never gave a reason for gross misconduct even when i asked for one.

just a nit for signing the easy option, like i said Hindsight is a wonderfull thing

Private Tom? was addresed to me

They drafted it for me George in my name saying i was resigning from the company and giving two weeks notice and going on gardening leave.

Anyway thanks for your views and suggestions, New job March 3rd lesson learnt, Same industry so may get some payback reading there customer base.

It couldn't have been addressed to you if you wrote it!

Anyways, it seems you have sorted a new job out now etc, prob best to let it lie. You missed your chance IMO.

Or they could just call the police!

If your starting your new job the day your notice ends then you have to let it go as you have no or very little loss of earnings to claim and that is pretty much all they look for.

Don't be a silly billy.

Dear Plod, please come and arrest one of our employees for leaving in his company car with his company phone

This especially as he would not have resigned and then she would have to come up with something good to back up a gross misconduct.

Having read this it just confirms that there really are some ***** in this world, what a despicable way for her to behave, I hope that is how she is removed when they dont want her any more. This isn't either the first time I have seen stunts either, Experian pulled a moody one on my other half, she got totally shafted.

This was the gross misconduct. Same thing happened to my mate 3 years ago. Headhunted by a rival insurance company and was sacked within 24 hours of accepting his new role. He was positive his e mails and texts were monitored by his firm.

He now has 2 phones business and personal. We obviously all rip the piss out of him as he looks like a drug dealer with his multi phone comedy capers.

My advice would be to move on. That's business. I wouldn't want anyone to work for me either if they were going to be chasing the same client base for a rival next month.

I am a big CAB fan also. They help with all sorts. Hope your new job is a belter too. Enjoy.

FYP

Cheers Steve and Tal for some advice, Further Developments

I wrote to Bedford office and to main HQ in Finland and whilst I was in the original meeting I stated to her and the MD that I had voice memo the conversation, in the letter I reminded them about this and the law firm that are looking at this e mailed me today and said my ex company have asked them for the name of the solicitor who is dealing with this.... obv I did not voice memo the conversation, but pulled out my sons flat I phone out of my pocket in front of them both and the picture on both there faces was AA