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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 informed my employer of a conditional job offer by text.

Customer Question

I informed my employer of a conditional job offer by text. She has stated I have given in my notice.. Despite not emailing her formally as requested. Is this unfair dismissal ?
Submitted: 5 months ago.
Category: Employment Law
Expert:  taratill replied 5 months ago.

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer: replied 5 months ago.
This is my 3rd year with the local authority
Expert:  taratill replied 5 months ago.

What exactly did your text say and have you now decided not to hand in your notice?

Customer: replied 5 months ago.
It said I have been offered a job with.... The post is to start on sept 1st.. This is verbal notice.
The other job offer was withdrawn.
Customer: replied 5 months ago.
I was requested to email my formal written notice which I did not do.
Expert:  taratill replied 5 months ago.

So the text says that you are giving verbal notice?

Customer: replied 5 months ago.
Expert:  taratill replied 5 months ago.

How long was the notice and have you finished the period now?

Customer: replied 5 months ago.
I was given four weeks it ended yesterday.. The situation is slightly more complex I feel and backs my thoughts of unfair dismissal as I work for an education team and no one would ever give notice at this time meaning not being paid over the summer.
My text was much more informal and giving my manager as much notice as possible as she know I was applying for jobs. I thought I was doing the right thing my just letting her know.
Expert:  taratill replied 5 months ago.

Does your contract state that notice must be given in writing?

Customer: replied 5 months ago.
As I have been signed off sick with mental health issues after 2 tragic bereavements I feel that being forced to leave without a period of time to build up a record of not being off will be very damaging to my chances of being employed again.
Yes it does have to be in writing
Customer: replied 5 months ago.
Hence being asked on 3 occasions to put it in writing
Customer: replied 5 months ago.
Expert:  taratill replied 5 months ago.

In that case you can argue that notice was not validly given. Unless notice is validly given it cannot take effect to terminate employment. The very fact that you have been asked several times to confirm your intentions acts in your favour as it is clear that the employer themselves find it to be ambiguous.

In the event that your employment does terminate I would suggest that you start ACAS early conciliation proceedings for unfair dismissal and potentially disability discrimination, in the event that your mental health issues are long term and significant.

If you have any 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 best.

Customer: replied 5 months ago.
What is early conciliation
Expert:  taratill replied 5 months ago.

It is a process you must start with ACAS before bringing an employment claim. ACAS try to resolve the dispute without you needing to go to Tribunal. it is mandatory and you cannot claim unless you do it. You will find details at www.acas.org.uk

Expert:  taratill replied 5 months ago.

Hello is there anything else you would like to know?

Expert:  taratill replied 5 months ago.

Hi Louise, please do remember to rate my answer as I am not otherwise credited for my time. I will be happy to answer any follow on questions you may have. Thank you and all the best.

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