Oh would you please resign!

[Franks64]

I came out of hospital 5 weeks ago and the day after my Director came to see me and asked that I resign my position as a National Sales manager because they needed to fill my post, as I was still ill it made me think of my customers whom I would be letting down whist I was off work and as I was still waiting for a brain scan I did just that and resigned, anyway I got my results back yesterday and it turns out I had a stroke,

I really didn't want to resign but was put under so much pressure and felt so stressed about it all that i did.

However now I feel that they had no right to do that to me and have gone all around this the wrong way and should have put my Heath and wellbeing first or am I wrong?

Your views please my friends

Pete

[Minushabens]

It sounds like you could have a potential claim for unlawful or constructive dismissal with Disability Discrimination as an aggravating factor. However it's impossible to say categorically how successful or not you might be without considerably more detail.

In the first instance I would give either the ACAS helpline a call or (if you are a member) a trade union or other staff representative body.

The law requires employers to follow due process & even where members of staff are physically not capable of working they cannot simply bully you out of the job. It is highly common for companies to get clobbered at Employment Tribunal because they have fouled up an otherwise straightforward case by not following their own policies and procedures.

The fact that you may have voluntarily resigned doesn't affect your chances (in simple terms if they have breached your Employment contract then you have a case regardless of whether you jumped or were pushed).

Get some detailed advice though & good luck.

[velvet55 in reply to Minushabens]

Brilliant reply, and very true, l hope Franks64 follows your advice....Disgusting treatment from his employers while he was I'll.

Go for it Frank's !!

Velvet xx

[Bevvy]

I also think you have grounds for constructive dismissal.

Manager has behaved disgracefully and is bullying you.

He has also affected your entitlement to unemployment benefits. You will be seen as deliberately making yourself unemployed so won't be entitled to any money for some weeks.

I know this isn't want you want to do at moment - still recovering from stroke but you need to get advice ASAP.

If in Union go to them or at very least CAB to seek advice what to do.

If you have family or friends that can advocate for you. Use them!

[Hidden in reply to Bevvy]

The way round that Bevvy is for him to claim ESA instead of JSA. Losing a job through illness won't affect him getting ESA. x

[Bevvy in reply to Hidden]

Agree totally but my concern is that he (although forced) resigned.

If he had been dismissed due to ill health then no problem with benefits. The issue could be the resignation......

[Franks64]

Thank you all for your kind words and valid advice, I had been with the company for just over 3 years and funny enough since I resigned I have had no contact from them other than a letter confirming that the needed to fill my position which was received this afternoon?

My job was a very stressful one as most are and I was dedicated to providing a first class buying experience so much so that any holiday taken I worked by taking calls and dealing with customers.

I have spoken to ACAS today and they have advised I e-mail my HR manager asking why the did this and why wasn't I given the chance of coming back to work by means of temporary adjustments being made (Work from home) I also stated that I felt enormous pressure from them and at times felt bullied into resigning.

ACAS have said that I should give them a week to reply to my e-mail as it seems they have breached employment Law in a few different ways but until I get a reply they can't say what laws they have breached?

Kind Regards

Peter

[velvet55 in reply to Franks64]

Well done Peter...keep up the fight.

Velvet xx

[baseman in reply to Franks64]

It sounds like you have a good case..go for it, Peter..and good luck!

[Bumley in reply to Franks64]

Likewise, Peter, well done and keep up the fight. Their approach is both morally and ethically reprehensible!

[freefaller]

I think you are right. Contact ACAS to find out what you can do.

Good Luck

[Angeline12345]

Good luck not that you need it, constructive dismissal and they will end up having to pay your salary backdated from that date..

[clematis5932]

Please do not let them get away with this. A similar thing happened to me three years ago. I contacted ACAS who were very helpful, but my employers would not back down. I found that I was insured through my house insurance for personal and employment help via solicitors. They together with ACAS made my claim for unfair dismissal. There was a lot of paperwork to do but I was able to do it all from home, and internet. The company agreed to settle one day before we were due in court. I know you have probably heard this before but, it was never about the money, it was the fact that after 25 years service that was all they thought of me. I like a lot of people did not have a union to help me I worked for a very small company.

[Dedalus]

That is definitely constructive dismissal - you need to see an employment lawyer asap - but ask for your costs to be thrown in if the judgment is in your favour (there is always the employment tribunal, which costs nothing, apart from the application fee). Whatever you do you must start some kind of proceedings. Good luck - I am sure you will win your case.

[Bryju124]

You should go see a solicitor as they should never have approached you whilst you were poorly never mind ask you to resign.