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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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- I have worked company 11 years with

Resolved Question:

Hello - I have worked for a company for almost 11 years with an exemplary record and submitted my notice in writing - after 2 weeks I decided that I had changed my mind and asked for it to be rescinded - they refused - I asked for a reason but they didn't gave me one only stated that after careful consideration they wouldn't rescinder my notice so I started a formal grievance against the company. They then said it was my performance but I know this is an excuse as my performance was never mentioned by my line manager at all in my final interview and I know my performance was no worse than any of my other colleagues in the office and in fact the previous month as a result of a competition I was fifth and sixth in the North East out of 42 colleagues. I have not been absent from work for sickness for over ten and a half years. After an appeal they now say that my performance may have been part of the reason and when I submitted my notice they would start to recruit immediately - that was in November and up to date no new starter has been employed. I have an idea that the under lying reason is my age as I am 65 but I know they would never admit to that because of our strict laws. Do you think I have a case to take this any further please?
Kind regards
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Have you specifically raised the fact that you think that this amounts to age discrimination in your grievance?

Customer:

Hello Jenny - yes I have stated that I can only come to the conclusion that the fundamental reason for the decision is based purely on my age - their answer to that is and I quote : -

Customer:

As a company we deny any allegation of age discrimination and can categorically confirm that your age will have not formed any part of the decision making process. As a company we are against any form of discrimination and take any claims of such as a serious matter.

taratill :

Do you know of any occasions in the past, in your place of work, where notice has been given by an employee and they have been offered their job back if they have changed their mind?

Customer:

I'm afraid I don't .

taratill :

Ok that is a bit of an issue for you I'm afraid. The law is clear that the employer does not need to agree to a withdrawal of notice. This means that unless there is a direct example of the employer doing this in the past then you will probably not succeed in an age discrimination argument as there is no direct comparison that can be made.

taratill :

I am really that this is not the answer that you are looking for.

taratill :

You could consider engaging ACAS pre-claim conciliation to see if your employer would consider on risk of a claim.

taratill :

I do not think it would be worth putting money behind bringing a claim under the circumstances.

taratill :

If you have further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the bes.t

taratill :

Is there anything further you would like to know about this?

Customer:

I don't think so Jenny thank you for your help - I was just pondering and thinking about my hard work and loyalty I gave to the company and just can't understand why they wouldn't give me a true reason - and to think the only person who would have had any say in the matter, my line manager, had only been with the company for 4 months!

Customer:

Kind regards ***** ***** you again,

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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