Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
What have they not kept to?
Yes, but you aid they have not kept to what was agreed but have not explained exactly what they have not kept to?
What you were promised, even if not confirmed in a written contract, can have a legally binding effect. So if you were specifically promised 30h a week without any option to reduce this, then failure to provide that can amount to a breach of contract. That in turn can allow you to resign immediately and claim constructive dismissal – where you have been forced to resign as a result of the employer’s breach.
Whilst in cases of resignation your benefits may be delayed by up to 26 weeks, if you have been constructively dismissed that can allow the payment without any delay.
Whilst I cannot guarantee that you will get benefits, by arguing you have been constructively dismissed you can give yourself a good chance of avoiding the delay in getting benefits. I am afraid that no one, apart from the benefits department can give you an indication of whether you will be successful with claiming benefits and that will only become clear once you formally apply.
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yes in a constructive dismissal scenario you leave with immediate effect without notice. This happens when the employer has acted in breach of contract. The letter, assuming it was given by the employer and was what you based your decision to start working for them on, can be as good as a contract. After all a contract is automatically forced when there is an offer by one party and an acceptance by another, so if they offered you the job based on these conditions and you accepted it and started working for them, this would form part of the contract even if not contained in an official written contract
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