Notice period

[kopper]

I handed in my notice on the 30th may, siting my reasons for my quitting. The reasons for my quitting is due to my employers not taking their obligations

To provide regular pay slips on time ie five months late, incorrect pay amounts (over and under paid ) Having emails from employer stating the pay slip will not correspond

with the amount paid into my account.

Disclosing my medical history to a customer and failing to arrange collection of rubbish which use to pile up inside the workshop. So you see not trivial issues.

Anyway in the notice letter I told them that I would need the past years wages information checked by a professional accountant to make sure

All payments to both me and HMRC were correct. I also asked them to confirm that my last day would be. But as yet my request s have been ignored.

I'm so hacked off now that I wonder if I can now withdraw my labour and end working the remaining period of my notice ( I'm due to finish on the 26th .four weeks notice

From the 30th. ) can anyone advise?

I am also thinking of claiming constructive dismissal or breech of contract after my employment is over.

If anyone can give me founded advice that would be great!

[Sidewinder]

Hi

 

You suggest that there is a requirement to give four weeks notice? If you were to leave before 26th June, your employer would be entitled to sue for breach of contract, but he could only claim damages based on losses suffered directly as a consequence of you leaving early. Typically this would be confined to the cost of a temp to cover outstanding work or potentially a loss of an order due to you not completing the work. The risk may therefore be small enough that you feel it worth leaving early. Even in the absence of legal action, leaving early may have an impact on any reference that is given to prospective employers, so that may also need to be considered.

 

Constructive dismissal is tricky. It involves a fundamental breach of contract SO severe that it would be impossible to consider remaining in the job - although it can also be a number of breaches culminating in 'the straw that breaks the camel's back'. There should be a comprehensive record of these concerns being raised and ignored or insufficiently dealt with by the employer. Whilst there is no doubt that you have had issues with the employer over a period of time, I cannot see anything which would be severe enough to constitute such a fundamental breach that it could be considered constructive dismissal.

 

CD also has to involve you resigning - you would need to state that the reason for this is A, B and C and that those reasons make it impossible to remain in your position. What reason(s) did you give for resigning? Also, what outcome would you be looking for? CD awards are generally very low and would be restricted to actual losses - so what have you lost as a consequence of your employer's actions?

[kopper]

Hi

 

You suggest that there is a requirement to give four weeks notice? If you were to leave before 26th June, your employer would be entitled to sue for breach of contract, but he could only claim damages based on losses suffered directly as a consequence of you leaving early. Typically this would be confined to the cost of a temp to cover outstanding work or potentially a loss of an order due to you not completing the work. The risk may therefore be small enough that you feel it worth leaving early. Even in the absence of legal action, leaving early may have an impact on any reference that is given to prospective employers, so that may also need to be considered.

 

Constructive dismissal is tricky. It involves a fundamental breach of contract SO severe that it would be impossible to consider remaining in the job - although it can also be a number of breaches culminating in 'the straw that breaks the camel's back'. There should be a comprehensive record of these concerns being raised and ignored or insufficiently dealt with by the employer. Whilst there is no doubt that you have had issues with the employer over a period of time, I cannot see anything which would be severe enough to constitute such a fundamental breach that it could be considered constructive dismissal.

 

CD also has to involve you resigning - you would need to state that the reason for this is A, B and C and that those reasons make it impossible to remain in your position. What reason(s) did you give for resigning? Also, what outcome would you be looking for? CD awards are generally very low and would be restricted to actual losses - so what have you lost as a consequence of your employer's actions?

 

If I was to leave early, there is outstanding work that would be left. And being a gilder I would think he would struggle to find a temp to cover. But if he's not paying my wage for that work then if he does find someone surely the two costs would cancel each other out.

 

As far as my resignation letter;

All the reason I added in my opening post were in my letter of resignation along with a request for the payroll to be inspected ( iv'e now learnt that I can demand these records under section 7 of the data protection act)

 

Your point about references is a good one but I am starting my own business at the moment so at least I don't require a reference.

 

I have over the years tried to make him aware of his responsibilities as an 'employer' but the problem is made worse by the fact that only myself and the guy

( I have a complaint against make up the company )and he only acts as representative for the owner (his mother) so it's not as though it was a large company were we could avoid each other.

 

As far as what level of compensation I am looking for I guess just so I get what I'm owed, and not a penny less

This hole job went from bad to worse around Christmas time and being the age I am and after virtually rebuilding this business single handed, along with the way I've been treated

I just want to make a stand and make a point .so if I can do this by way of a justifiable claim then that's enough.

[kopper]

The issue of leaving before my notice period may be somewhat redundant (ironic or what)

as I'm about to see the doctor this morning. I 'm having great difficulty moving my right arm

( essential in my work) without great pain running from my elbow to the tips of my first and second fingers.

As I know this is an ongoing health issue that I've been treated for since last November

If I can't work due to being sick then it's game over anyway.

But what happens after as far as breach of contract etc is still in contention.

[ericsbrother]

You probably have some holiday entitlement which has to be taken before you leave so that will eat up some time. Your employer cannot deny you this.

[kopper]

I have been told that I should self certify my sick status by the doctors they've taken blood and will discuss results on Friday . After that they will issue me with a doctors note to cover the last week ( week no 4 out of 4 weeks notice) I would rather delay my holiday entitlement till after my notice period and just claim SSP till then as I can hardly move my arm at the moment. Don''t think I have to use my holiday entitlement before my notice period ends though?