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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47366
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I wonder if you would advise me with regard to the

Resolved Question:

Hello
I wonder if you would advise me with regard to the following. I was employed four weeks ago to do a full time job on a permanent basis.
However this week, life events happen and my circumstance is at present that I am now unable to commit to the full time hours which was verbally, agreed at the interview. I have not received any contract with reference to me being employed stating I am working or signed anything other than one e-mail (4 wks ago) stating I would take the job but no signature of confirmation. I have not received any employment contract with policies on it - - working hours...nothing...
I have faithfully been in the working environment for 4 weeks now and punctual etc; learning my new job. I indicated to my new employer that my circumstance will be changing in the future i.e. the month of August of this year and if they could accommodate me then with lesser hours of commitment to the job role. Unfortunately, they cannot. My boss indicated that I have been paid up to 30.6.16 which I will work of course.
My boss indicated further if I wish to work next month I can. July 2016 but still on the full time basis whilst she finds someone suitable someone who can commit to the position of full time.
She further requests that I BE THE ONE TO hand in my notice.
I indicated to her I have not received any employment contract from her as yet nor have we have signed any employment contract as yet.
I do not wish to leave on bad terms as I want to be as professional as possible. My circumstance does not change to the August of this year and it would be nice to receive a further pay check in July but.....
I need your advice here as I cannot be the one handing in my notice as I am a single parent and would not be entitled to benefits (when that time comes along of registering with the unemployed department). I was hoping that we could have negotiated lesser hours but my employers answer was a said No. The position is clearly a fulltime job.
It is my new circumstance that is outwith my control and it was not my decision to leave altogether - Is there anything I can say to her for example can she make me redundant and that I am unsuitable for the position or something?
I have thought about working the month of July for her, but I would feel uncomfortable knowing I have to witness others being interviewed for the position and I am still in the workplace.
Please advise what I can do?
Thanking you ....
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello will you be relying on a reference from this employer?
Customer: replied 1 year ago.
How can I leave on the most professional basis. I was going to request a reference I will have to indicate to future employers this was my latest job role. - - This employer of mine is also a solicitor so she knows what she is doing.
Expert:  Ben Jones replied 1 year ago.
The fact that there was no written contract issues does not mean that there are no defined hours or terms. What would have happened is that what was agreed at the outset would have become the implied contract in the absence of a written contract. So these terms would still be the binding ones. As such the full time hours you were employed under and had agreed to work would be the contracted ones. If you wanted to leave then there are only two options. You can resign by giving a weeks notice or you have to wait to be dismissed. Resigning will not automatically prevent you from getting benefits. They may be delayed for up to 26 weeks but if you have a reasonable excuse as to why you were forced to leave then they could become payable sooner. Alternatively you could simply refuse to work these hours and That may prompt the employer to terminate your employment. That would not be as professional as you may have hoped to be but it may be your only option. The main issue with that is if you were to get a reference from then it could state you had been dismissed for not working your hours. So it is an unfortunate situation and there will be a risk with either route, you just have to decide which is most appropriate for you.I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Customer: replied 1 year ago.
Can I not just walk away if I do not ask for a reference?
Expert:  Ben Jones replied 1 year ago.
You can walk away at any time no one can force you to continue working there but that would technically amount to a resignation so if you are asked for the reasons for leaving that is what it will have to be described as. Hope this clarifies?
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanking you for your assistance with this.
Expert:  Ben Jones replied 1 year ago.

you are welcome, ll the best

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