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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45391
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed since September 2015 and have been on

Customer Question

I have been employed since September 2015 and have been on a 6 month probationary period and would have to give one weeks notice if I want to resign.
I have been discriminated and bullied at work by my manager. When I made a formal complaint against my manager with HR in January 2016, my manager decided to make false allegations against me i.e. fraud and theft.
As a result I was suspended on a non guit basis, however I tendered my resignation by email on 12/02/16 and gave 17 days notice (more than enough).
The HR Director is only accepting my resignation from 4/03/16 and said that my notice ends on 11/03/16. They now want me to attend a disciplinary hearing so they can summary dismiss me. They told me if I don't attend that they will have the meeting without me and report me to the police for fraud and theft (all of which are lies)
Can they do this? Even when I resigned and worked off my notice?
They are also claiming that on my P45 would reflect that my last working day will be 11/03/16 which is false.
I do not consider myself a employee so if I attend does that put me a negative situation?
** also I told them that I do not expect to be paid for this period as I am not a employee.
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
I am currently going through at out of stress and my psychologist has written to them to advise that any potential meetings would need to be rescheduled.
The disclinary meeting is scheduled to take place tomorrow (thursday). I have not been given enough notice, only a email sent on Tuesday at after 7pm
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
Hello. I wish to cancel the telephone request. Please can you proceed to writing the answer to the question instead. Sorry
Expert:  Ben Jones replied 10 months ago.
Hello on what grounds were you discriminated?
Customer: replied 10 months ago.
Disability
Customer: replied 10 months ago.
What advise can you give in my situation. I would be grateful for a urgent response as I need to get back to them before 3pm
Expert:  Ben Jones replied 10 months ago.
Thank you. Your notice would become effective from the date it was communicated to the employer. You need to check your contract to see if there was a specific way you would have been required to submit the notice, i.e. if it said by post or in person, but in the absence of any specifics, you could have emailed it to the employer. So they do not have to accept it for it to be valid – it is effective as soon as it is submitted. If you gave more notice than what you were due to give, that will only be valid if the employer accepts it and if they do not, then the employment will terminate when the official notice period expires. So if you were required to give a week’s notice, the employment would have terminated a week after you gave the notice, not 17 days as you decided to give. At this stage you do not have to attend any meeting. You have the email as proof that your resignation was submitted and that is sufficient. They can threaten you to report you to the police but that means nothing – the police will investigate this separately and if there is no evidence that the allegations are true they will not take it further. If you do not attend they can try and discipline you in your absence but you are not an employee of theirs so they cannot really do that. As mentioned you have the email which you can use as confirmation that your resignation was tendered and that your employment terminated before the meeting was due to take place. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 10 months ago.
If I tell them that I could not attend due to insufficient notice/poor health, and if I do attend any meetings it would be as a former employee, would this have any negative consquences for me?My contract did not say my resignation must be mail. Can I attached another copy of my printed email for them to refer to as I resigned?Please can you let me know urgently
Krgds
Expert:  Ben Jones replied 10 months ago.
It would still be best if you d not attend because you have no obligation to and there is no point for you to attend as a former employee. So stick to your original position - you have resigned, your notice has expired and you are no longer employed by them. If needed attach another copy of the email and remind them that this was sent and that a resignation is effective as soon as it is communicated to the employer. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 10 months ago.
I wrote to them via emaik telling them just that and attacheds another printed copy of my email of resignation. I definitely no they have received but they are pretending not to have.
I double checked to see what this meeting was and it is called a probabtion review meeting as I was on a 6 month probabtion
Expert:  Ben Jones replied 10 months ago.
Do you mean that the meeting they want you to attend now is the probation review meeting?
Customer: replied 10 months ago.
Yes but this meeting is still a disciplinary meeting because under my probabtion there are special rules regarding disciplinary.
Expert:  Ben Jones replied 10 months ago.
ok so the advice remains the same - you are no longer the employee so do not have to attend. our official reason of termination is resignation, submitted on a specific date which expired a set period afterwards. You have the email proving that. So they cannot force you to attend this meeting or state that you have been dismissed. Does this clarify?
Customer: replied 10 months ago.
Thank you and I have told them this in writing, however, they are claiming that if I do not attend the meeting will be made in my absence which may result in summary dismissal.If they do decide to summary dismiss me even though I am not employed by them as to my resignation: what would be my next steps under this circumstances in the law? Also if they do not put the correct leaving date on my p45 what can I do about that?
Expert:  Ben Jones replied 10 months ago.
You cannot claim unfair dismissal so the dismissal itself cannot be challenged and you can't claim compensation. However, if they provide a reference which states you were dismissed you can challenge it as a negligent reference. As to the P45 you can correct it directly with HMRC. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Expert:  Ben Jones replied 10 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45391
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
Hello, my former employer had just email me with the outcome of the disciplinary hearing which took place in my absence even though I had resigned.
They said that I have been dismissed for gross misconduct for fraud, theft, dishonesty, falsification of documents.
Expert:  Ben Jones replied 10 months ago.
ok well that is their opinion - legally you had already resigned and your employment had terminated so they cannot dismiss you if you no longer worked for them. Do not worry too much as there is no central database where your employment record is held so no one would know what happened. It will only become an issue if you want to use them for a reference so if you can void don g so it would be best. If you must use them for a reference then remind them that if they provide false informaiotn in it, such as that you were dismissed when in fact you had already resigned, you will treat it as negligence and take further action if necessary
Customer: replied 10 months ago.
They are now claiming that I need to pay them back overpaid money because I worked elsewhere whilst I was on Garden Leave.
Also they are claiming that I need to pay them back expences for travel?
They said if I dont pay them back then they will seek debt recovery. Is this a threat or is it something they can actually do even if i believe i owe them nothing?Also, if they do sue me they would not be able to get a penny as i'm unemployed and claiming benefits for the moment
Expert:  Ben Jones replied 10 months ago.
I think it is just a threat, it is very rare for employers to make such claims. Did you have specific restrictions during the garden leave period? Also when was this garden leave period, were you not on suspension during your notice period?
Customer: replied 10 months ago.
They emailed me to say that I cannot work elsewhere during my suspension.I was on suspention during my notice period.Also they said if I disclose any information to 3rd parties then they and individuals will make a claim for defamation of character and slander
Expert:  Ben Jones replied 10 months ago.
Breaching such a restriction and working elsewhere whilst on suspension and still employed with them does not give them the right to claim back the pay during that period - it would have been a misconduct offence on your part and they could have used it at the time to further discipline you but that is about it. As to disclosing information to others, doing so alone will not be defamation - it is only defamation if you disclose untrue information so if you say the truth then you have an automatic defence to defamation. I would also like to see them make such a claim - it is very costly and complex, thousands of pounds just to start it in the High Court
Customer: replied 10 months ago.
Also they are claiming that I have company equiptment in my possession when I do not.
I was asked this two months ago and I told them I do not have any equipment as everything had been returned, but now they are repeating the same questions again as if they don't believe? What actions could they possibly take against me and how could I respond?
At the moment I have been ignoring them but I am considering taking out a injuction on them for harassment
Expert:  Ben Jones replied 10 months ago.
Hello i am more than happy to continue assisting but the recent issues are drifting a bit from the original quesiton so will have to be treated as a new query. please post a new quesiton for my attention with them and I can take it from there and continue helping, many thanks

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