Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me have you made an official complaint to your HR about this incident please.
I have informed them yesterday, after I heard the voice mail that I wasn't happy with this rant about me in an area that is used by patients and other staff. As I said they want to know what I want to do and where do I want to take this. I am not after compensation I just want some justice in the form of an apology and assurance that behaviors and attitudes will change. However I still do not want to work there any more so am I going to create waves and I am not going to be there any way?
I don't want any come back on myself or my future career
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Thank you, ***** ***** appreciated
Thanks for your patience. As you are self employed you will not have the same rights as an employee. For example, employees could consider resigning and making a claim for constructive dismissal, seeking compensation for loss of earnings incurred as a result of being forced to leave. However, self employed workers do not have the same rights. You can of course leave at any point, but you cannot seek compensation for future loss of earnings – all you can expect I for example payment for the contractual notice period you had in place, or of one did not exist – for a reasonable notice period. Such a notice period would not be too long though, probably looking at a month at most. So if you have made a decision that you no longer wish to continue working there, you can advise the employer that you are leaving and tell them that whist you would have been prepared to work through your notice period, you do not believe you can do so now due to their behaviour and ask them to pay you in lieu of notice. His basically means you receive an amount to reflect the pay you would have received had you continued to work through your notice period.
In terms of seeking an apology, there is nothing stopping you from asking for that but you cannot force the employer to issue it. So if they refuse to apologise you will have to accept that. You will nevertheless be protected against any false future references in case they try and provide inaccurate information – they do not have to provide a reference but if they choose to do so then it must be factually correct and truthful, so if they provide false information it can amount to negligence. Obviously until a reference is provided you may not know whether you have any rights against them so only time will tell in that respect.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you very much for all your help. I have been contacted by HR and they are understandably shocked and are quite happy to take it further. I do feel happier knowing that there will be no come back on myself. I trust that if the out come isnt satisfactory then I will be able to use your services again. Thanks again Jo Wood
you are welcome and feel free to get back to me any time in the future, just start your query with 'for Ben Jones'. Thanks