Employment Lawyers Can Answer Your Employment Law Questions
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?
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
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.
you are welcome