Contract and Notice issues.

Discussion in 'Employment & HR' started by Jason Burt, Mar 15, 2018.

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  1. Jason Burt

    Jason Burt UKBF Newcomer

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    Hi I need some advice and hope someone can help me.

    I have been with my company 4 years. I have a 12 week notice period. But I believe that they have breached my contract.

    We had a new manager come in and it was Okish up until I was off sick early Jan 2018 for a week. This was my 5th time being off in a 12 month period. In my employee handbook it states that my manager has to fill in a absence review form after 3 absences in a year. (I am still waiting for the form to be done and forwarded to me). It also stats that if they are not paying me for sickness then they have to inform me prior to revoking sick pay, which wasn't done. I would like to know is the employee handbook part of my contract. The employee handbook is online in a portal.

    Because of the above and other issues with my line manager I decided to hand my notice in and asked for 4 weeks. My manager has refused this saying that your contract is 12 weeks but might be able to leave quicker. Then he has put an email out to all the other staff saying I will be here for 12 weeks!!

    The other issues include not given me the opportunity to do some of my role when I have a chance, treating me different to the other staff, calling me names and undermining me to my staff. The Bonus system that is in place has been a farce and a lot of the staff are owed money from this I have been told to put overtime through to cover this (been told that we have to be creative with the money owed!!) He tires to be a bully and the emails/phone calls I get can be quite harsh at times.

    I do not know where I stand on the contract whether they have breached it or not. I was going to start a grievance process but I saw another member of staff go do this road and they treated him like crap and he got sacked before it was investigated. I feel like just quitting and giving them all their gear back when the four weeks are up. I also do not know if I have a case for constructive dismissal. I have worked all my life and never had to do anything like this before. Please help.... Many Thanks in advance.
     
    Posted: Mar 15, 2018 By: Jason Burt Member since: Mar 15, 2018
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  2. ethical PR

    ethical PR UKBF Legend

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    Give ACAS free employment line a call. They are best placed to advise you.
     
    Posted: Mar 15, 2018 By: ethical PR Member since: Apr 19, 2009
    #2
  3. STDFR33

    STDFR33 UKBF Legend

    4,711 1,269
    One contract breach doesn't mean that it's ok for you to breach contract.

    As @ethical PR has said, you need to contact ACAS, or alternatively, engage an employment law solicitor.
     
    Posted: Mar 15, 2018 By: STDFR33 Member since: Aug 7, 2016
    #3
  4. Mr D

    Mr D UKBF Legend

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    Any reason why they would not pay sickness?
    I can think of a couple of instances when it would not be done but struggling to see how they would apply from what you've said.
     
    Posted: Mar 15, 2018 By: Mr D Member since: Feb 12, 2017
    #4
  5. Newchodge

    Newchodge UKBF Legend

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    Did they pay you SSP for this absence - you don't get SSP for the first 3 working days, unless you have a previous period of sick leave within the last 8 weeks.

    Constructive dismissal cases are extremely hard to win. Much harder than discrimination cases which are not easy. You may have a claim, but if I were you I would just ;eave at the end of your 4 weeks, and move on.
     
    Posted: Mar 15, 2018 By: Newchodge Member since: Nov 8, 2012
    #5
  6. DontAsk

    DontAsk UKBF Legend

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    You have to ask yourself if they will really go to the trouble of suing you for breach of contract if you walk early. They do not have to pay you for the full 12 weeks if you do not work it.
     
    Posted: Mar 19, 2018 By: DontAsk Member since: Jan 7, 2015
    #6
  7. strikingedge

    strikingedge UKBF Ace

    462 112
    Suck it up - you signed up to a contract with a 12 week notice period. Work to the end like a pro. Suggest to your manager that they might want to let you go earlier if they get a replacement in.

    In your next role, negotiate a 4 or 8 week notice period so you don't end up in this position again.

    You need this company to give you a glowing reference (if not for the next role, then the one after) which you won't get if you're attendance sucks or you spend all day picking pointless fights with your manager.

    You've voted with your feet and quit - your manager knows you don't want to be there and probably has a pretty good idea that you don't rate him.

    Now spend the next 12 weeks making your manager look good (rather than trying to undermine him) and it will go a lot quicker and, if nothing else, you'll walk out of there with people thinking you're a pro.
     
    Posted: Mar 26, 2018 By: strikingedge Member since: Jan 25, 2009
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  8. DontAsk

    DontAsk UKBF Legend

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    A growing number of employers are too afraid to say anything subjective on references. My own employer will give nothing but confirmation of start and end date of employment.
     
    Posted: Mar 27, 2018 By: DontAsk Member since: Jan 7, 2015
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  9. Mr D

    Mr D UKBF Legend

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    Would that come across as a good reference or a bad reference?
     
    Posted: Mar 27, 2018 By: Mr D Member since: Feb 12, 2017
    #9
  10. Gecko001

    Gecko001 UKBF Legend

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    I would not bet on them not taking legal action. If an employer wants his staff to stick to their terms of contract, they will have to be prepared to enforce them on occasions.
     
    Posted: Mar 27, 2018 By: Gecko001 Member since: Apr 21, 2011
    #10
  11. Dahu371

    Dahu371 UKBF Newcomer

    145 6
    You'd say it was the company's policy only to confirm dates of working. Up to the new employer what they infer from that.
     
    Posted: Mar 27, 2018 By: Dahu371 Member since: Apr 21, 2009
    #11
  12. Mr D

    Mr D UKBF Legend

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    Yes, its just the sort of thing an employer who had a bad experience with the staff member would give to avoid being accused of anything.
    Can't be accused of giving a bad reference if not saying anything other than dates eh? :)
     
    Posted: Mar 27, 2018 By: Mr D Member since: Feb 12, 2017
    #12
  13. strikingedge

    strikingedge UKBF Ace

    462 112
    If someone walked out on us we might refuse to give a reference, or we might include that point in a reference.

    References just need to be honest - they can include less favourable information if it is accurate.
     
    Posted: Mar 27, 2018 By: strikingedge Member since: Jan 25, 2009
    #13
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