Ask a Law Question, Get an Answer ASAP!
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
How long have you worked there for?
I am just leaving the office now so assuming I have heard back from you, I will reply a bit later today when back home, thanks
Many thanks for your patience. I see nothing wrong with you stating that you are going to be keeping all correspondence in relation to this. There is absolutely nothing wrong with doing so – it is your legal right to retain such correspondence if you wanted to and in fact any diligent employee would have done the same thig. I know that the employer would be keeping the correspondence in most circumstances so you saying that you will be doing this is in no way a veiled threat of any sort. You should not be intimidated by such behaviour and it does appear that it is the employer who is actually making the veiled threats now by trying to make it out like you have done something wrong by what you have told them. I would suggest you take no notice of this and just continue trying to resolve the issue via whichever method is most suitable, without being worried about doing anything wrong by keeping any correspondence.
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
ok so as I understand it they are treating you as having resigned and are only allowing you to return if you accept the new contract?
No it is not a threat, it is your right to do this and even if you did, it does not really change your or his position.
There is in fact some case law which will help you in terms of the resignation and getting your old job back. I wish to discuss this with you so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. Sometimes an employee may resign in the heat of the moment, for example after an argument with a manager or colleague. It could be an official resignation, or an act that implies resignation, such as clearing their desk, saying they will never return, etc. In such situations they might not really have meant to resign but did so on impulse. Therefore, the employer should not automatically assume that the employee has resigned and should allow a short cooling off period for them to change their mind if necessary.
The leading cases are those of Kwik-Fit Ltd v Lineham and Ali v Birmingham City Council. It was decided that an appropriate period for the employee to change his mind was "likely to be a day or two". That is on the assumption that the employee had not already been given the opportunity to reflect on their apparent resignation and retract it.
Therefore, in circumstances where an apparent resignation has occurred in the heat of the moment, the employer would be expected to give the employee a couple of days before treating their actions as a formal resignation. That time should be used by the employer to contact the employee in order to clarify their position. Failure to do so and take their resignation at face value could be treated as a dismissal instead, which could easily be challenged as being unfair in the employment tribunal.
The saving of the correspondence is a non issue really so you can do it if necessary. Do not be concerned about it. As to the 10 mins extra it is not in your contract but if the business needs require it and everyone else is doing it then they can try and change t
Hello, sorry I have been away for a few days. I have read your latest post but not sure what further queries you have about this situation?