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

[Weird Al Yankovic]

i think that with less than one years service your son will be able to do anything i'm afraid

 

 

Complete myth.

 

All employees have rights and from day one.

 

To the OP-the employer has taken the alleged statement by your son, '...you can stick your f****** job, I'm not coming back!' as a resignation by your son.

 

However, what needs to be established is what your son's statement actually literally means, not what the employer has interpreted it to mean.

 

1 Could it be possible that your son actually said '...you can stick the f****** job, I'm not coming back!'

 

In this case maybe your son was just refusing to complete that particular job as he had prior arrangements, as mentioned by you already.

 

The employer has already recognised that your son had 'other commitments' in the termination letter.

 

This then puts the employer in the position of terminating the employment without following procedure, ie no notice period.

 

Also, it will be less hassle with the DWP in claiming benefits.

 

And, a claim at an ET which your son should do to further convince the DWP that he has been wronged.

 

2 It appears your son was employed, at 17, for 42 hours a week. This is unlawful.

 

Does your son have an employment contract or written terms? Does he have payslips detailing his basic hours and/or extra hours worked during the past year?

[Weird Al Yankovic]

Your advice to the OP is bang on and good advice Conniff.

 

I think the important issue here is what the verbal statement of her son actually meant and would it be reasonable for the employer to regard it as a resignation.

[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.

[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.