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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47408
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been in a new job weeks and have no contract and

Customer Question

I have been in a new job for 6 weeks and have no contract and the agency and employer agreed to the salary advertised and this was not upheld, on going dispute and now want to hand in my notice, I have researched this and have found I need to give one weeks notice, however I want to give one days notice, what is the consequencies for me if I do. I have no written information on this from my employer eg no terms and conditions. Thanks Debbie
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you employed by the agency or the employer directly?
Customer: replied 1 year ago.

I am employed by the employer, however the agency is involved in this dispute. I have a text message regarding my verbal agreement to the job offer on a set salary.

Expert:  Ben Jones replied 1 year ago.
Legally if you were to leave you would need to give a week’s notice. However you can state that you have been constructively dismissed because of a breach of contract. This means that the employer has breached the contract you had by not paying you the salary and as such the whole employment relationship and any implied contract is void and you can leave with immediate effect. It does not matter you did not have a written contract – a verbal contract can suffice and its terms would be whatever was agreed at the outset. To be honest there is minimum risk attached with that. The worst that could happen is the employer decides to sue you for any losses they have incurred as a result of you leaving early, for example costs associated with getting a short notice replacement but t6hese would be rather low and not worth their time pursuing further. Also as mentioned you would have the defence of arguing constructive dismissal.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi Ben

I resigned from my post on Wednesday 6/8/2015 at 1pm, I was not privay to the CEO mobile number and Finance Manager was not permitted to give it out, so I resigned via email and have heard nothing from the company and do not expect to hear from them. I am still in shock at the whole set up and will take it now as a learning experience. I have included my resignation email, which I also left as a letter for the CEO.

It is with regret that as of today at 1pm I resign from my current Service managers post at Mochridhe. The dispute with my salary in relation to my verbal agreement with Entrust and with Sandy (Mochridhe) on the condition that I provide a wage slip proving previous earnings, (Martha has in her locked drawer). This agreement has not been upheld and is thus in breach of my verbal contract and I am left with no option but to resign from my post immediately.

I am aware they have a HR company who is working on their contracts and general HR issues, do you think they will contact me?

Regards ***** *****

Expert:  Ben Jones replied 1 year ago.
Hi Debbie to be honest I am not in a position to say whether they will or not. It would be a complete guess whatever I say. So I can't really just guess either way as it could easily be the opposite to what i tell you. They may contact you but it means nothing at this stage. Unless you are taken to court there is nothing anyone can force you to do.
Customer: replied 1 year ago.

Thanks for that Ben. The recruitment agency involved will be contacting me tomorrow as I am their client. Was initially expecting a call from CEO, however to be honest not suprised at no contact. What is your opinion of my letter of resignation regarding the breach in contract over my agreed salary, which left me with no option but to resign. I am just checking as I have never worked in such an unprofessional establishment and find myself in very unfamiliar territory. However do have an interview for next week and the feeling of relief at no longer being there is confirmation that this was the right thing to do for me.

Thanks again for getting back to me Debbie

Expert:  Ben Jones replied 1 year ago.
The letter is absolutely fine, no issues there

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