Termination of Employment letter received today... help needed!!!

[Weird Al Yankovic]

I thought your son worked 7 to 4 mon-thur and 7 to 1 fri? Don't forget-he is entitled to paid breaks which are seperate from worked hours.

 

He should have received written terms of employment within two months of starting work. The employers are on very thin ice without providing one, especially to a 17 yr old.

 

I would suggest that if your son just meant that they could stuff the job, the one he was asked to attend, rather than meaning his entire job (employment), then this would be better.

 

Ask him tomorrow if this was indeed what he meant and we can go forward from that as the employer may have jumped the gun here.

[nowayjose]

I didnt realise that they were paid breaks I was calculating as eight hours a day because of an hour for lunch... definately no contract signed... it was one of the first things I asked him when I read the letter.

[Conniff]

You can make life easy as an employer Jose or you can make it hard for yourself. I never demanded overtime, I would say "lads we have an urgent order that needs to be finished today are you up for it, it could take all night", (and I did a couple of times). I would always get some sort of reply like "only if you're going to get the pies and beers in afterwards".

I was never too proud to take off my collar and tie and muck in as well.

 

On one occassion one of them rang his family and they came in to assist not expecting any reward.

 

Sorry, I'm digressing - i'll shut up now.

[nowayjose]

Well the moral is pretty low in their factory.. another boy who started the same time as my son was sacked for his sickness record apparently..another lad is having an interview for another job this week... something is definately not right there!!

[Weird Al Yankovic]

I didnt realise that they were paid breaks I was calculating as eight hours a day because of an hour for lunch

 

Yes, nothing is what it first appears, especially without any written terms.

 

Find out from your son what breaks he had each day and if they were paid or not. Without any written terms the employer will find it difficult to prove they have complied with the regs although they appear to have.

[nowayjose]

Ok Weird will ask him about breaks tomorrow....thanks for everyones help I dont know whether I will get anywhere with this but I have to let his employer know that the letter he sent today is not the end of the matter...

NWJx

[nowayjose]

Just been rifling through some papers and have come across 3 of my sons payslips for nov/dec 07. BASIC hours (40.00 X 3.4000) total pay 136.00... seems they have only been paying him for 40 hours work.... any ideas??

[Sidewinder]

I agree with earlier comments about context. The employer has jumped the gun here and has interpreted what he thinks that he heard as a resignation. Your son would be well within his rights to challenge the letter and deny having said anything about 'sticking the job' and raise a grievance in return regarding the bullying and humiliation which he suffered at the hands of the Director. With your help it may be worth composing a letter of complaint, documenting each line of abuse which was said by the Director. You might also question Health & Safety provision in your son being asked to do work which he is not trained to do, particularly if he has never been risk assessed to work in that capacity. You are also entitled to state that you believe that age is a factor in the Director's treatment of your son, believing that his treatment differed from that which would be afforded to an older employee.

[nowayjose]

Dont start me about Health & Safety... I have sat with my son more than once in the local casualty dept with metal splinters in his eye and cut hands...hes had to supply his own steel toe capped boots..they havent even got a canteen... the bosses are so tight they wont pay out for one they are waiting until they find a builder who is in need of a fireplace or nice new granite worktops in return for a new canteen built(no Im not joking)..

sorry rant over...I think your right about the interpretation of stuffing his job... I think thats the way to go on this

NWJx

[nowayjose]

Can anyone give me some help composing a letter to his employer possibly stating that he didnt resign from his job and that he is not legally allowed to work over 40 hours even though his boss thinks it is total bull ....and to inform him that I will be seeking professional advice on the matter...

Any help appreciated I have tried but Im not getting very far...

TYVM

NWJx

[Sidewinder]

I will try and have a go later if nobody steps in before then, but am just off out.

[nowayjose]

I have managed to type a letter can someone have a look at it for me please... I will not be sending it yet until I speak to ACAS hopefully tomorrow morning... if they advise to send it I will personally hand it in tomorrow..

 

Dear Mr *****,

 

Thank you for your recent letter which details your version of events of the morning of 15/2/08 and your acceptance of my apparent resignation. I believe your comments to be not only a selective view, but also a very much distorted account of the disagreement we had.

On no account in your letter did you admit to the verbal abuse I had to endure from you in front of the other employees, when I informed you that I had commitments after work and that I was unable to work overtime. Neither did you admit in your letter when I informed you that as I am under 18, and legally I am unable to work more than 40 hours a week, or that you were very intimidatingly jabbing a pen in close proximity to my face and also using abusive language with the comment "What a load of bullsh*t...who the f**k told you that?". Hence my comment which you stated in your letter "Why are you getting in my face?".

Sadly, this disagreement escalated and you continued to shout and swear at me and told me to get out of the f***ing yard.To be talked to in such a manner by a Company Director was absolutely disgusting and I was shocked and upset by your behaviour towards me, I was under extreme duress and was totally humiliated when I responded with "You know what Rob, you can stick the f*****g job".It now seems you mistakenly took this as my resignation when I merely meant the 'job' you asked me to attend on Friday. It was never my intention to end my employment with your company.

I then followed your instructions and left the premises. Furthermore, when outside the factory and whilst I was on my mobile to my mother arranging a lift home, you still continued to shout abuse at me, all of which she was appaulled to hear.

Basically I have written this letter to inform you that it is my intention to seek professional advice on this matter and initial enquiries suggest that it is a statutory requirement that all employers must provide employees with a written statement of their particulars of employment within 2 months of commencing work. I have neither signed or received any written contract from you outlining my terms of employment with regards to my duties, hours, overtime etc and also, as a Young Worker it is also correct that I am legally unable to work more than 40 hours per week. This is the point I was trying to make clear on Friday. I also found your actions to be discriminating against me as you commented in your letter that you asked another employee to work but you failed to admit that he also refused to work the overtime.

I would like to take this opportunity to clarify that I have not given you my resignation and consider myself to still be employed by your company. You will be contacted again by myself or other parties as regards the next course of action.

Yours faithfully

 

Any comments:(

[cal37]

Dear Mr ********

 

Regarding your letter dated ****** I believe you took my words out of context, at no point was I resigning but merely exercising my right to refuse to work more hours than laid down in law.

 

I would like to refer you to Working Time Regulations section 2

 

 

Link: Your guide to the Working Time Regulations: sections 1 - 4 - BERR

 

 

I believe at the time your comments to me were provocative and antagonizing. I would like an opportunity to resolve this matter in a professional manner.

 

I will turn up for my shift as normal on Monday and hope we may meet to resolve this as I’m sure you also have no wish for this to proceed to a formal tribunal hearing.

 

Your ********

[Sidewinder]

Personally I prefer the more detailed approach, and your letter looks essentially OK, although I do think that there needs to be a request for a meeting asap to discuss the situation, rather than the 'you will be contacted by myself or other parties' sentence. Speak to ACAS and see what they advise.

[dundeelaw]

I noticed in one of your recent posts that your son had to pay for his own Safety Boots (Steel Toe Capped). If these Safety Boots are to be worn as part of your sons' work, then his employer is under a legal responsibility to provide them. They are regarded as Personal Protective Equipment (PPE) and shoud normaly be provided Free of Charge. As someone who operates Pedestrian Pallet Trucks, my employer provided them free of charge after I asked.

 

In addition to the working hours, it is worth noting that 30 minutes of break are usually unpaid. If he gets an hour lunch, 30 mins will be paid, 30 mins unpaid. As he is under 18, he is also legally entitled to another 15 minute break each day (Paid).

[Conniff]

Did you manage to get this resolved nowayjose?