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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My 40yr old son has just been told that his contract (which

Resolved Question:

My 40yr old son has just been told that his contract (which was 6mths and was extended by another 2mths) was finished and that they will keep him on till 5 Jan 16. The only problem with that is he has no time to make tel calls etc as they send him all over the place working - last wk he was in Carlisle and then had a tel call sending him to Scotland for the day. He has a wife who wks pt and a son 3yrs old.
This all happened on Fri and now his employers have asked him to write to them with his resignation. IS THIS RIGHT - they are expecting him to work still
If you resign from a job its because you have another one to go to.
Any help you can give would be very much appreciated so I can pass it on to him
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.firstly can you tell me what work he is doing and has he got his contacts in writing please.
Customer: replied 1 year ago.
He is a salesman in the acoustics and as far as he can remember he has a contract (Im sorry but when he was 17yr he had a major car accident which left him with short term memory problems - he is a proud man and wants to carry on with his life
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. If I understand you correctly you are asking if they can finish his contract like this or ask him to resign? Are you truing to find out if he has any rights to keep his job?
Customer: replied 1 year ago.
He would keep working for them although it involves a lot of travelling which he didnt think it would esp to Scotland for 1 day
App he was approached to take on the job (his other job he held for approx 8yrs).Should he resign and put it in writing - although he doesnt want to until he has another job - He also loses his car, phone and computer.
Expert:  Ben Jones replied 1 year ago.
The issue here is that if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). In the event that the reason for dismissal fell within these categories, then the dismissal will either be automatically unfair, or there will be a potential discrimination claim.
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. His employer would either have to allow him to work that notice period and pay him as normal, or they will have to pay him in lieu of notice.
If he was not paid his notice period when he was due one, that would amount to wrongful dismissal (which is different to unfair dismissal) and he could make a claim in an employment tribunal to recover the pay for the notice period that he should have been given. There is a 3-month time limit from the date of dismissal to submit the claim.
So they could ask him to resign and if he refuses to do so they can just dismiss him instead. If he resigns then at least he can say he had left voluntarily whereas he would have a dismissal on his record if they terminate his employment instead. So in the circumstances that may be the best outcome.
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
Expert:  Ben Jones replied 1 year ago.
ok thank you for that information i will get back to you ASAP with my advice on how to proceed with this.
Customer: replied 1 year ago.
Thank you - Iv advised to write in and resign but to mention their mtg of Fri and that the ar etc can be used until 5 Jan 16
Expert:  Ben Jones replied 1 year ago.
If these are contractual benefits then he should be allowed to use them until his employment with them terminates. So yes your understanding is correct.
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Customer: replied 1 year ago.
My sons employer terminated his job as they said he was being too fussy and long winded in writing his termination - he is expected to carry on working so I dont know how he will have time to get work, or any help available for him = around Xmas things are very quiet. He doesnt even know how to sign on and get financial help, its very worrying esp with a young child and a mortgage to pay.
Expert:  Ben Jones replied 1 year ago.
Hello, do you have a specific query in relation to the latest information you posted? Also please note that your rating for the original advice is still outstanding - I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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