Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?
1 year 9months
What is your contractual notice period for leaving?
2 months. But I have a written sigbed statement saying they agree and except my last day being 7/3/14
1. Do I need to go to this meeting as I have resigned as of immediate effect last friday.
You are technically in breach of contract because you left before the expiration of your notice period. So you should still be employed with them in their eyes, meaning they can decide to conduct the investigatory meeting without you and also commence disciplinary proceedings without you if needed
2. After this Friday I no longer work at Wincanton (They have also confirmed 7th March via letter as my last day) - so can they proceed with any disciplinary action?
As above, until your employment was supposed to terminate they can do this so they have until Friday to discipline you if needed.
3. I have not said/written anything and there is also no proof (unless someone is making something up to my bosses) that I have said something - What can they do me for?
Depends entirely on what their investigation uncovers – the whole purpose of it is to gather evidence on the allegations and decide what action is necessary based on that, so it does depend on what the investigation uncovers. I would say the worst is dismissal
4. If I don't go to my meeting on Friday 7th March (my last day - can they call me, take me to court or anything else as its my last official day at the compnay?)
Legally they can sue you for breach of contract but that is highly unlikely as the losses are minimal and not worth pursuing. If they can shoe you actually leaked confidential information which has caused them losses they can also potentially sue but if you have not done this then that is also unlikely.
What if I am sick on Friday and do not go? That's my last day of work.
it depends on whether they believe it is genuine or not - if they suspect it is not and just done to avoid the meeting they can still potentially proceed in your absence.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
So best to go on Friday?
If I do not go and they do not take action on same day. What can they do? As no longer working.
they can still sue you for the two claims I mentioned above but that would be unlikely
Sorry can you please confirm the 2 claims? I misplaced answer. Thanks
Legally they can sue you for breach of contract but that is highly unlikely as the losses are minimal and not worth pursuing. If they can show you actually leaked confidential information which has caused them losses they can also potentially sue but if you have not done this then that is also unlikely.
Ok I'm probably thinking a bit more than I should but what if someone says I said it? Ie make it up? Because he hates me?
Then it's just him saying right?
to take legal action they need more proof than that, it won't really be sufficient
Excellent thanks for that.
As I requested 2 weeks ago that I would like my Notice shortened to 7th march. They agreed and I have this in writing. Does this mean that 2 months no longer exsists and my contract ends on 7th?
Yes, if they had agreed to it specifically that would be the case
Let me quote what it states in the letter I got today via email ...
26/2/14 you communicated your intention to resign giving your last working day as 7/3/14. Although ur contract states 2 months notice period the company agreed to release you early as you gave your reason to start new employment on 10/3/14.
than that is fine, they have agreed your employment terminates on 7th Mar
It then mentions that the general manager met with me Thursday 27/3/14 and advised me of the allegations she had received of my misconduct. This is wrong as she met me on Friday 28 feb in morning at 7:15am.
ok the last part is irrelevant, it is the initial that confirms
she then says that shortly following our conversation you sent another letter saying you now want to resign immediately. "I can confirm this has not been accepted"
I mean the last part is what I'm saying. She met me on Friday morning at 7:15 and not on Thursday. She mentioned Thursday
Can I call you? Will take max 10 mins to finish this and will be satisfied please? XXXXXXXXXXX /p>
it is really irrelevant to be honest, it makes no difference to your rights if they got the date of the meeting wrong by a day
Can I call or you can call me? XXXXXXXXXXX /p>
this is only an online service unfortunately so all must be discussed through here
Can I email u my letter? So u can advise more?
you can attach it here but what else do you need to know, did you not post the specific paragraphs above?
just worried as letter mentions that I've been accused of talking with a senior member of the companies customer regarding breach of trust and damaging company reputation
But I havent talked to anyone about company rep, about any employee or anything
yes but they can say whatever they want, they can say you've been to Mars but it would not allow them to take formal action against you unless they can prove it, so at this stage the allegation on its own means nothing
Excellent gives me sigh of relief
Ok if I have more q can I contact u tomorrow or have to pay again?
And how do I put excellent rathg for u?
you would need to post a new question but can ask for me by name and I will get it. Now you can just click on the smiley face :)
Sorry just thought of a q -
If they do not take any disciplinary action on Friday or any action on Friday, they cant sack me right? because I no longer work for them. Is that correct?? or sue me for breach of contract for leaking confidential info as aint done nothing and its word of mouth against word of mouth.
also cant sue me for breach of contract leaving company early because got early termination in writing
am i correct?
Even though they have agreed for my last day to be Friday 7 March?
No I have not left before that date - I wanted to leave on 28th as immediate resignation - but they have put me on garden leave on that day .
the letter today states they reject my immediate leave and I am still on garden (suspended) leave until they carry out investigation. They want me on friday to investigate my side.
the company is silly - they know I'm leaving on Friday but still going through this process ha.
This is the letter....
What can they do in the meeting?
If I do not go can they do anything?
Can they do any disciplinary action?1
Can they invite me to a disciplinary action on the same day?
excellent thank you - you do not know how much relief you have given me - weight lifted of my chest :)
They can't turn around and say that we don't agree for you to leave on 7th march now can they? because they already agreed to let go?
The investigation is set for 12pm....
1. They have a tendency of not sticking to time and making people wait....how long can they keep me waiting? can I walk out?