Can an employer force you to resign?
I'm in this dilemma. I am going on holidays abroad and asked for 2 weeks off a month before the expected time. I was told by my manager that it would be fine but there was nothing written. Then 2 weeks before my holidays he told me that the big boss has refused my holiday and that I should either take the holidays in May or resign as they wouldn't be able to give me my holidays in March.
Now my prob is that I won't be able to change the dates as it will cost me around 700 Euros to do so. So my only option is to resign and I think they know it and they just don't want to pay my holidays and don't give me any severance.
Are they allowed to do that? What should I do?
How do I let them fire me? My flight is on the 16th of March. I don't know what to do.
- LandlordLv 79 years agoBest Answer
They will not have to pay severance if they fire you for not showing up at work. They are giving you the option to quit with that on your record other then being fired for job abandonment.
- Anonymous9 years ago
In some countries, the law states that where the employer makes working conditions so unbearable, that the employee is forced to resign that is known as a constructive dismissal.
It is applicable in the UK.
It is an unfair labour practice and is actionable in the courts.
It has the same effect as if the employer fired you without justification.
The employer cannot just do anything. As far as I am aware there are still laws against slavery and also laws which protect the employee. The employer is bound to work within these laws.
You really need to consult a labour lawyer where you reside.
The initial agreement between you and you employer that you could take two weeks off for your holiday amounts to a binding contract. It is a pity that it was not written. Do you have witnesses to this agreement? The employer cannot now unilaterally change the terms and conditions of that contract.
It may be true that because of operational reasons the company can't afford to let you go on holiday in March, in which case they can request that you take leave later.
However you should point out that based on the agreement/permission that was given to you to take your leave earlier you incurred certain expenses. These expenses are not recoverable and you will cancel your leave provided that the company reimburse you for these expenses.
Set out your position in a letter, particularly that you were given permission to take your leave in March. Attach your travel schedule and receipts. Indicate that you are going to take further action if you are forced to resign or are not reimbursed for your expenses.
I would not resign.
I would take my holidays later and then take my employer to the small claims court for the 700 breach of contract or to any other industrial boddy which regulates labour relations where you are.
What is constructive dismissal?
Constructive dismissal is a form of dismissal. If you resign from your job because of your employer’s behaviour, it may be considered to be constructive dismissal. You would need to show that:
1. Your employer has committed a serious breach of contract
2. You felt forced to leave because of that breach
3. You have not done anything to suggest that you have accepted their breach or a change in employment conditions
Possible examples of constructive dismissal
The reason for leaving your job must be serious - there must be a fundamental breach of your contract. Examples include:
* a serious breach of your contract (eg not paying you or suddenly demoting you for no reason)
* forcing you to accept unreasonable changes to your conditions of employment without your agreement (eg suddenly telling you to work in another town, or making you work night shifts when your contract is only for day work)
* bullying, harassment or violence against you by work colleagues
* making you work in dangerous conditions
Your employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.Source(s): Law teacher. http://www.direct.gov.uk/en/Employment/RedundancyA... http://www.compactlaw.co.uk/free-legal-information...
- $0.02 REMAINSLv 79 years ago
Yes, they are allowed to do that. But they are not FORCING you to resign, they are giving you the option to either resign or cancel the trip.
What should you do? Either resign or cancel the trip.
I'd resign if I were you. I wouldn't want to work for an employer who treats employees that way, however legal. That would be worth 700 Euro to me, but you may not be able to afford that and you may not be able to find another job easily.
- mcginnesLv 43 years ago
in case you cant dedicate to there hours then perchance its terrific to head on, besides the fact that in case you enable your corporation comprehend they don't have the main appropriate to ask you to resign yet they do have the main appropriate to provide help to pass in case you cant do the shifts. i'd say on your corporation you may decrease down your hours and in keeping with risk propose in the event that they might hire somebody alse to cover your shifts. If its a huge business corporation you're waiting to get somebody alse to take over your shifts completely. sturdy success. i'd additionally touch your community artwork and earnings or a relatives member and tell them whats occurring and see what you're able to do touching directly to the action against them mispaying you $500 as you may would desire to pay off that
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- Anonymous9 years ago
I think GB is still a free country so yes, they can do that.
When you're the boss, you can determine the schedule.
- 9 years ago
yes. if employer dislike you , he can do with the loopholes available with law besides he will make
you to do mistakes and send you out also. there were hundredone chances to send you out of job
if he decides onceSource(s): labour law
- AndyLv 79 years ago
Let them fire you.