Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you tell me how long your son has been with his employer please
I will just check.
4 years in September. He was looking for another job because they had been informed that the contract was coming to an end in a few months.
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.
ok thank you.
This is the email he received from the new employer. No mention of an ongoing investigation.
With respect to our telephone conversation last week, I am extremely sorry but our work commitments have changed significantly. Due to this, the vacancy is no longer available and I cannot now offer you employment. We will however keep your CV on file and will contact you if we need to in the future.
Hi there, are you waiting on me? lol
Hi, thanks for your patience. Just finalising my advice but can you please confirm the following first:
Yes, he did formally resign last week and gave 5 days notice. His contract stipulated 7 days but he was unable to adhere to this as his new employer required him to start immediately.
He was due to finish his last shift last night but he was advised that he had been removed from the shift pattern for the rest of the week which was strange.
He was unable to make contact with his employer for the whole of the day and it was a stand in supervisor who had received an email asking to inform Jamie that he was no longer required to work. The stand in was not informed of the reason why.
I have this afternoon spoken to Jamie's union rep who has advised that the employer is passing rumours around that Jamie had hacked a router and used the password XXXXX access to wifi. The union rep has advised that there is no proof that the router has been hacked or that Jamie was responsible. It would seem to me that they are trying to magic up some excuse for their behaviour.
Thank you. One issue here is that he is the one who has initially acted in breach of contract by not giving the employer the required notice period to leave. He may have wanted to give 5 days but if the contract required him to give 7 and he failed to do so or to agree a shorter notice period with the employer, then he would have acted in breach of contract. So in terms of not being allowed to work past his last shift or at all could be down to him acting in breach of contract. So it is unlikely he can argue there was a breach of contract by the employer as he is technically the one in breach here.
However, none of this would excuser the employer spreading any rumours about him to others. Any information they provide must be substantiated or at least obtained following some investigation that shows there was some proof of what is claimed. If they have failed to do so and have just made false rumours then it could amount to defamation or negligence on their part. Defamation would be a very expensive and complex claim so whilst you can raise it against the employer and accuse them of it, realistically it is unlikely you can pursue it as a formal claim. Negligence, on the other hand, where they have provided a reference that was untrue could be more realistic and something you can also raise with them.
would he have a claim of breach of contract against the new employer who offered then withdrew it again? It was clearly due to their offer that Jamie handed in his notice.
was he given a contract by them?
He was given a verbal contract followed up by emails requesting passport, driving licence etc so that they could process him as an employee. They also gave him a verbal start date of today.
It is clear that they have withdrawn the offer due to pressure from the main Contractor whom both companies work for.
In the absence of a contract which specified a notice period for termination it is unlikely he could claim anything from them. This is because the law allows an employer to dismiss someone without a contract in the first month of their employment without any notice. So he could have started the job today and without any linked reason or anything to do with the old employer they could have legally terminated the employment straight away and without owing him anything else. Had there been a written contract in place which stipulated a notice for termination he could have pursued them for the pay for the notice period but not otherwise
Would he be able to claim constructive dismissal against his original employer? Surely the fact that he was not allowed to carry out his shift and could not make contact with anyone in relation to it would in fact be seen as a failing on the part of the employer?
His employer never said they would not accept his notice. They never said anything until after he had left.
he had already handed his resignation in - constructive dismissal is when you are forced to resign due to a breach of contract by the employer - this was not the case here, he had already resigned to get another job and the employer's actions were not the reason for his resignation.
Okay, thank you. Not what we wanted to hear considering they have conspired against him and told lies about him to his new employer. I would have thought that the new employer would be required to check it out first before taking a decision to withdraw the offer?
Not at all - it is up to them what they do in this situation, they are not the ones at fault here, it is the old employer you need to be pursuing
You would think that considering the implication for Jamie, they would have at least spoken to him about it. His old employer clearly have no morals as they allowed 6 men to leave under the same circumstances two months before because it suited them.
actually, that may be something I can take back to them... it can easily be proven...
yes but his rights are separate to what happened to others in the past - it may show a trend but what he can claim and what he can do about this is unique to him
I appreciate I must be going round in circles, I'm just so infuriated that employers can treat people any way they like with no scruples.
I'll speak again to his union rep as he seemed to think he may be able to do something about it. Not sure what but he seem to be of the opinion that he can prove they are lying. He also works on the plant and is familiar with working practices.. At best they may offer him his job back? At worst, they may compensate him for the lies....
thank you for your assistance, it's been very helpful
you are most welcome, I hope you get to resolve this eventually
Thank you :)