Tribunal or take a hit?

[flushthemout]

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.

[nirvana]

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

[Acidmouse]

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.

[millidonk]

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.

[nirvana]

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.

[TightEnd]

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

[Woodsey]

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

[DMorgan]

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.

[BangBang]

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 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..    

[MintTrav]

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.

[flushthemout]

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.

[BangBang]

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...

[TightEnd]

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.

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

[TheJokerKing]

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.

[flushthemout]

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.