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Author Topic: Tribunal or take a hit?  (Read 8989 times)
flushthemout
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« Reply #15 on: February 17, 2014, 06:45:31 PM »

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...
Try sir
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« Reply #16 on: February 17, 2014, 06:48:58 PM »

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
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.
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BangBang
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« Reply #17 on: February 17, 2014, 06:50:57 PM »

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.

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...  
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flushthemout
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« Reply #18 on: February 17, 2014, 06:53:07 PM »

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
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flushthemout
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« Reply #19 on: February 17, 2014, 07:03:29 PM »

At least the new company car is better, cheers Steve, Daniel, Dave and Rich
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Junior Senior
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« Reply #20 on: February 17, 2014, 08:27:05 PM »

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.
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StuartHopkin
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« Reply #21 on: February 17, 2014, 08:46:08 PM »

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

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david3103
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« Reply #22 on: February 17, 2014, 08:55:52 PM »

has anybody who is recommending CAB ever used them for anything other than claiming benefits that they might be only vaguely entitled to?
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TightEnd
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« Reply #23 on: February 17, 2014, 08:58:56 PM »

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
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david3103
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« Reply #24 on: February 17, 2014, 09:05:46 PM »

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.
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flushthemout
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« Reply #25 on: February 17, 2014, 09:19:23 PM »

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


Before Stuart, massive company in Europe head office in Finland, no HR in the uk
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flushthemout
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« Reply #26 on: February 17, 2014, 09:22:01 PM »

Believed ACAS was the route but they were not much use, just advised to get employment law specialist try anyway Mr A
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flushthemout
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« Reply #27 on: February 17, 2014, 09:36:48 PM »

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.
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BorntoBubble
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« Reply #28 on: February 18, 2014, 01:04:08 AM »

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!
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« Reply #29 on: February 18, 2014, 05:52:20 AM »

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

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