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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, i joined a large company called SSE as a business unit

Resolved Question:

Hello, i joined a large company called SSE as a business unit manager in july 2013, i have recently been treatened and harrassed by my director so i have out in grievances against him, i handed my notice in a week last monday and was told i could leave on the 1st august rather than the 3 months notice, on tuesday i had a meeting with HR and i was dismissed for gross misconduct for not wanting to meet or speak with my director, i said i would correspond to him by email only, they say i have breached company procedure by not reporting to him. I had said i would of met with him to carryout a hand over meeting but wanted HR there. I have an email from HR stating that i wouldnt have to meet or speak with him but would have to carryo ut a handover meeting, do i have a case for wrongful dismissal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you agree to leave with the 1 month notice?

Customer:

i offered them 2 dates 1 month and 6 weeks, they came back to me 4 weeks, i have a new job to go to so i was wanting them to release me early (should of been 3 months) they have told me i will only get paid upto tuesday when i was dismmised and 2 days holiday that i had accumilated since the 3rd of june

Ben Jones :

You indeed have grounds to challenge the charge of gross misconduct in the circumstances. You were on the receiving end of threats and harassment, you were specifically advised by HR you do not have to meet with him apart from a handover meeting, which was not due to take place yet, and you were dismissed for refusing to meet with him, which goes against all of this.

Whilst you cannot claim unfair dismissal, you can claim for wrongful dismissal and just pursue them for the notice period you would have been due. However, that may not necessarily be the full notice period because you had already agreed to leave on an earlier date, giving up your right to the full notice period. Tis agreement could have amended your contract if it was agreed between you and the employer and formally accepted by both parties.

Customer:

Thank you

Ben Jones :

you are welcome

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