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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32824
Experience:  Award winning lawyer with over 15 years experience
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I resigned from my employment last week, once employer found

Customer Question

Hello, I resigned from my employment last week, once employer found out they said my resignation does not stand because in my contract it says that I have to hand it to them and it has to be in writing. I had intended to provide the employer the resignation in hand but due to her situation of having to go to home and attended to her child I didn't I have employees who can vouch that I was planning on leaving and had the letter with me if that makes a difference. I sent the resignation via email, management sent me a text saying they had received my resignation via email but that i would need to come in the next day to so they can give me a dismissal letter. Are they allowed to do this? do I have anycase? I did not want to go but they threatened legal action against me, as well providing bad references to future employees. Further more I do not want t accept that they dismissed me as I resigned first, I read that if I accept payment in leiu then thats proof I was dismissed. What shall I do.
Submitted: 7 months ago.
Category: UK Law
Expert:  Thomas Judge replied 7 months ago.

How long have you worked with them and what does the clause in the contract actually say?

Customer: replied 7 months ago.
I started working for them June 2014It's written ''that the employee must provide a copy of their notice to the employer in person. ''
Expert:  Thomas Judge replied 7 months ago.

I see. The wording is actually quite interesting. It does not prevent you from resigning verbally. It merely states that you must provide a COPY of the notice in person. I rather think that your resignation does stand; so long as subsequently you provided a notice in person.

Customer: replied 7 months ago.
I'm not sure where that leaves me legally, shall I accept the payment in lei or pursue this with a lawyer? as my ex employers are saying that they will say to future employees that I was dismissed.When I went to the meeting to get my dismissal letter I was told their wasn't any point in me bringing my resignation letter because I going to be handed a dismissal letter anyway.
Expert:  Thomas Judge replied 7 months ago.

Ok.The key for you it seems is to agree a suitable reference letter - they should not mislead. I would be minded if I was you to contact them and see if you can agree with them such a letter. If you resigned I am not sure why and what you would want to resolve with a lawyer?

Expert:  Thomas Judge replied 7 months ago.

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

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