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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I recently had an accident at work. After getting advice

Resolved Question:

Hi,

I recently had an accident at work. After getting advice on this website I asked around at work to see if other people had had similar accidents. It turned out that they had although they did not report them. In any case I asked my employer if they would be ok to cover some of my treatment costs. I only started at the job a few weeks before. I have no contract, only a signed offer letter which has no notice period terms.

Employer has now called me in to say that apparently I am not displaying 'soft skills' in the workplace. They did this two of them speaking to me, my manager and hr. This was the first I had heard about them having this view of me, and it is apparently going to be part of my 'probation review' that will decide if I get the permanent job. I have been given next to no training so far and no handover from the lady who did the job before me.

I do display soft skills, and in fact spent some time yesterday helping out with a medical emergency at work where I had to assist someone waiting to be taken to hospital. I sat there holding their hand whilst they felt scared for some time.

I feel that I am being treated this way because my employer is suspicious that I may start a legal case against them. I have had no response to my request for support with treatment costs and this other complaint they have against me began the next day. I am really unhappy with how I am being treated by my employer. As I have no contract, am I able to just not go back?

Thank you.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. is this full time work. are you considering quitting over this incident
Customer: replied 3 years ago.

Yes its full time.


 


Yes I have not been made to feel welcome or valued at this job and I reallly do not like how I am being treated.

Expert:  Ben Jones replied 3 years ago.
Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.
Customer: replied 3 years ago.

Also I got the job through an agency. The agency have said please don't leave without giving notice as they may lose their fee. But I haven't been told what my notice period is anyhow...

Expert:  Ben Jones replied 3 years ago.
ok thank you for that please leave it with me I will get back ASAP I have just got back from work and have a few clients to work with I will send a email when response is ready thank you
Expert:  Ben Jones replied 3 years ago.
Thanks for your patience. If you are an employee then your notice period would either be determined by contract or by law. In the absence of a contract, then you would generally be expected to give a week’s notice to remain within the law as that is the minimum notice period required by employees.

There are also circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect.

Don’t worry about what the agency says, they are just trying to ensure that they get their fee but you do not have to stay for longer than you need to just for that.

I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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