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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have walked out of an employment which I had started

Customer Question

Hi, I have walked out of an employment which I had started in July 2015. One of the boss is unbearable to work with as he keeps changing things without discussing. I have not been given a contract. I was employed as Practice Manager in a GP Practice. I do not wish to go back as it is very upsetting to what he had done and said. Where do I stand with this? Do I have do handover?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you been asked to do a handover?
Customer: replied 10 months ago.
No, as I have walked out today in stress but this is not the first time I this has happened. This was a repeated episode. I know that the other gp will contact me tomorrow and will request a handover.
Expert:  Ben Jones replied 10 months ago.
Have you formally complained about these issues in the past?
Customer: replied 10 months ago.
Sorry I can't talk over the internet as I have people sitting around. I had discussed many ongoing issues with both partners (gp) and they had said they will improve. All the old staff had left their surgery due to facing similar problems. However, I use to work for this gp long time ago and he had called me and asked me if I could help him out at his practice. So I did and now I see lots of changes in attitude and the way he speaks to me. I had worked extra hard to find reception staff and now have a good team working but this gp is now changing things in mins. I had worked on contract of employment and with their agreement I had issued the contracts including mine but he does not have time to sign my contract, so legally I have no contract. Today in a staff meeting we all were told to start work at 8.15am instead of 8.30am and start answering phone at 8.30am. Upon informing him that this will change contractual hours of work for all the receptionists, he said that it is the gp contract agreement. My point is that why was this not discussed with me as a practice manager prior to meeting and also all the employed staff should know this when they were interviewed. After the meeting, he called me in his room and started shouting saying that I am not doing my job and kept repeating. All the staff had heard him loud and clear the way he was talking to me. I tried to understand why he was accusing me of not doing my job when I had worked late sorting out his practice. I was in tears and had told him I am leaving this position as of today. My question to you is, do I have to serve a notice of 2 weeks? Do I have to do a handover?
Customer: replied 10 months ago.
Also can they change working hours as they please?
Expert:  Ben Jones replied 10 months ago.
Generally, if there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract. However, there are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect. This is what you can do here and leave without having to serve your notice period or do a handover. 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 10 months ago.
How can I word my leaving immediately in a letter to one of the principle gp who is on maternity leave i.e. stating I have left and do not have to do any handover?
Expert:  Ben Jones replied 10 months ago.
I can draft a letter for you but this is an additional service so if you want I can give you a price for it
Customer: replied 10 months ago.
yes please.
Customer: replied 10 months ago.
I have written a draft but was wondering if you are able to edit as needed. would this be possible and would the charge be same?
Expert:  Ben Jones replied 10 months ago.
I can reduce the charge for looking/editing at an existing draft, will edit it and submit
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45355
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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Customer: replied 10 months ago.
I am unable to attach the letter as + Add files does not work. Is there any other way I can attach the letter?
Expert:  Ben Jones replied 10 months ago.
you can try www.mediafire.com - it is a free hosting service
Customer: replied 10 months ago.
Dear Dr K. Ansari,I have been a faithful employee in your practice since I had started back in July 2015. My time at the Practice has been good and have dedicated my hard work to bring the surgery to a working level since Mr Fitzmaurice had resigned.This letter is regarding the behaviour and attitude of Dr M. H. Ansari since last few weeks towards me, and for some reason of his own, he makes changes to the way surgery operates in matter of minutes. Today, Tuesday 8th March 2016, we had a Practice Meeting and all staff and both doctors, Dr Ansari and Dr Rugina had attended the meeting. In the meeting, Dr Ansari had informed everyone that the surgery telephones must be answered at 8.30am every day. Upon informing him that 8.30am is the time admin staff arrives and they have to open up the surgery and check the printer and prescription paper, read fridge temperature etc. this takes 15 mins. He added that in that case everyone has to come in 15 minutes early and start answer the phones at 8.30am as this is the NHS contractual requirement. I had informed him that the employment contractual hours of work will change as at present some staff starts at 8.30am and increase of 15 mins will make a difference. Dr Ansari confirmed in the meeting to change hours of work in the contracts. I do not think that staff will object to work extra 15 mins but it may be a good idea to inform them individually to find out if they are able to come 15 mins early as some has children and other commitments before starting work.Firstly, this was not discussed with me prior to the meeting. The Partners have employed me as a Practice Manager to manage the practice. The staff contracts were given to individuals at the beginning of February 2016 with individual staff working hours as agreed by the Practice. The contracts were checked by both partners of the practice and it was agreed to hand the contracts to the staff. I strongly feel that if the partners knew about the changes in hours, why this was not communicated with me before issuing staff contracts. Now, we all were told in the meeting that hours of work will change for everyone.This is not the way to work. I am not happy the way I was spoken to by Dr Ansari and not just in today’s meeting but in the meetings in the past too. I find Dr M H Ansari difficult to work with and his attitude is unbearable and intolerance. I find him always shouting at me and most of the staff are aware of this too as they also have heard him doing so.
Dr Ansari has a major issue of shouting at people in the workplace. This has been expressed in the past by your ex-employees and patients too.I am writing this to you as I no longer wish to work for your Practice as I find Dr M H Ansari difficult to work with. I find him very indecisive and stressful at times to carry on with my work load. Today I was accused of not doing my job which I have been employed for despite me meeting all my daily targets and working beyond my duties for your Practice. I find this comment from Dr Ansari to be absolutely outrageous and insulting.I further like to add that I have worked extremely hard to find reception staff which was your practice’s ongoing problem and have worked without any handover from your previous managers. I am very offended and feel accused of not performing my duties by Dr M H Ansari.
Customer: replied 10 months ago.
The mediafire does not work. I am not sure how else I can send you this letter.
Expert:  Ben Jones replied 10 months ago.
I have it ow, I will look at it an get back to you
Customer: replied 10 months ago.
thank you.
Expert:  Ben Jones replied 10 months ago.
Dear Dr K. Ansari, I am writing to inform you that I am resigning from my post as [job title] in your Practice with immediate effect. Please accept this as my formal letter of resignation and a termination of our contract. I feel that I have been left with no other option but to resign as a result of the following issues: The behaviour and attitude of Dr M. H. Ansari For the last few he has made frequent changes to the way the surgery operates at very short notice, usually in a matter of minutes. For example, today, 8th March 2016, we had a Practice Meeting and all staff and both doctors, Dr Ansari and Dr Rugina had attended the meeting. In the meeting, Dr Ansari had informed everyone that the surgery telephones must be answered at 8.30am every day. We informed him that 8.30am is the time admin staff arrive and they have other responsibilities, such to open up the surgery, check the printer and prescription paper, read fridge temperature etc. – tasks which take 15 mins. He added that in that case everyone has to come in 15 minutes early and answer the phones at 8.30am as this is the NHS contractual requirement. I had informed him that this meant our contractual hours of work will change as at present some staff start at 8.30am and an increase of 15 mins will increase their working hours. Dr Ansari still confirmed in the meeting that the hours of work will change. I do not think that staff will object to work extra 15 mins but it may be a good idea to inform them individually to find out if they are able to come 15 mins early as some has children and other commitments before starting work. This felt like an enforced change to our contracts, without any proper consultation. Further, I am not happy with the way I was spoken to by Dr Ansari, not just in today’s meeting but in past meetings too. I find him difficult to work with and his attitude is unbearable and intolerable. I find he is always shouting at me and most of the staff are aware of this too as they also have heard him doing so. Dr Ansari has a major issue of shouting at people in the workplace. This has been highlighted in the past by your ex-employees and patients too. Today I was also accused of not doing my job, despite meeting all my daily targets and working beyond my duties for your Practice. I find this comment from Dr Ansari to be absolutely outrageous and insulting. I further like to add that I have worked extremely hard to find reception staff which was your practice’s ongoing problem and have worked without any handover from your previous managers. I am very offended and feel accused of not performing my duties by Dr M H Ansari. I consider these issues to be a fundamental breach of the contract on your part as you will have responsibility for the actions of your employees. I therefore treat myself as having been constructively dismissed and am resigning with immediate effect. I would be grateful if you could acknowledge this letter at the earliest available opportunity. Yours sincerely
Customer: replied 10 months ago.
Thank you so much! You're a star and I will leave my feedback too. :)
Expert:  Ben Jones replied 10 months ago.
You are welcome, all the best!

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