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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 have never received a contract at my place of employment,

Customer Question

I have never received a contract at my place of employment, all l have us a letter stating l have a permanent position with 30 hours a wk.Is this as good as a contract . Could i leave my employment and get benefits straight away as they have not kept to what was agreed.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

What have they not kept to?

Customer: replied 8 months ago.
Thank you.did you read my question i sent u.
Expert:  Ben Jones replied 8 months ago.

Yes, but you aid they have not kept to what was agreed but have not explained exactly what they have not kept to?

Customer: replied 8 months ago.
Do not wish to call u. Have already paid £26 .
Customer: replied 8 months ago.
In my letter its states they have employed me from a certain date, stating it was a permanent position of 30hrs. This i have not had over the last couple of months. I need it to pay my bills. Can i leave and get benifits straight away as they have not kept to what was agreed. In claiming tax credits and don't want to owe them money.My employer said it was her concern and tough. Can they do this.
Customer: replied 8 months ago.
Sorry not her concern! I don't know what my rights are or were l stand
Customer: replied 8 months ago.
I feel they have not kept to what was agreed at my interview and what was written in the letter. I feel bullied! I can not afford to leave my job if i can not get help through the benefit system.
Expert:  Ben Jones replied 8 months ago.

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.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 8 months ago.
you saying l cant just walk out. Im a widow on her own and need to pay my bills. I need to be certain as l can not lose my home through not paying the rent. So the letter i have is it as good as a contract.
Expert:  Ben Jones replied 8 months ago.

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

Customer: replied 8 months ago.
Thank you. Don't know if l am any wiser for this.
Expert:  Ben Jones replied 8 months ago.

what else would you like me to clarify?

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