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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47354
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I am having problems with my boss over he wants me to work

Customer Question

I am having problems with my boss over he wants me to work an extra 10 minutes every time I'm on a shift unpaid he didn't give me a choice just said what I have to do the problem I know have we have been corosponding via email and hand written letters but now my boss has said because I put in my hand written letter I would be keeping all corosponding from both of us I should not have put that in the letter and his taken it as a veiled threat is this right
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have you worked there for?

Expert:  Ben Jones replied 1 year ago.

I am just leaving the office now so assuming I have heard back from you, I will reply a bit later today when back home, thanks

Customer: replied 1 year ago.
2 years 4 months
Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. I see nothing wrong with you stating that you are going to be keeping all correspondence in relation to this. There is absolutely nothing wrong with doing so – it is your legal right to retain such correspondence if you wanted to and in fact any diligent employee would have done the same thig. I know that the employer would be keeping the correspondence in most circumstances so you saying that you will be doing this is in no way a veiled threat of any sort. You should not be intimidated by such behaviour and it does appear that it is the employer who is actually making the veiled threats now by trying to make it out like you have done something wrong by what you have told them. I would suggest you take no notice of this and just continue trying to resolve the issue via whichever method is most suitable, without being worried about doing anything wrong by keeping any correspondence.

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.
Basically I need to tell you what happened from the start my boss took me aside to tell me that I had to be in work 10 mins before shift started apparently all staff were told this so in the 2 years I have worked there I never arrived 10 mins before usually it would be 5 mins before which I was still not being paid for so sometimes I could have turned up 2to3 mins before which would class me of being late so a member of staff who has been there for maybe 9 months can't remember any way by the time we swapped over she would have to cash up her till and record it on to computer which could take 5 to 10 mins which she new this on her probation so her shift should finish at half past 2 she wouldn't get away at this time the reason she has to get away is because she has to pick her son up from school which is understandable but it's never been a problem before and nothing has changed in she just fills she should get away by half 2 so I wasn't very happy about the fact that I lose out by 10 mins every shift but because it's a small business I should make allowances so I rang my boss while I was at work and tried to suggest that I would come in at 20 past 2 paid from that time and then the member of staff could leave by half ,2 he was having none of it so things got a bit heated and stupidly I said I was going to leave as there was no reasoning with him but he has implied that I was in a rage which I wasn't I was upset and he went into if I left I wasn't for filling my contract so I rang my manageress to ask if she could come in and cover as I could not continue and felt for the best interest of the business and the customers it best just to go home so I rang my mum to come and pick me up in the mean time my manageress turned up and I showed her the letter which went on and on about things which were erelavent so then my mother walked in and the manageress was leaning over the counter reading the letter she then proceeded to look at my mum and said have you seen this which she replied no so left it at that she then said are you sure you want to leave I said yes it's gone to far then she said your lose your week in hand to which my mother said it's best he goes home to which in my rage as he keeps stating I managed to rationally call my manageress to cover and apologise for having to call her in then a couple of days later I received a letter stating that by walking off the job as you did you have repudiated your contract how ever whether I accept this and seek a replacement is up to you basically accept taking over the till 10 mins before shift just like other staff over the years but have all had to stay for ,10 mins to cash up and record on to computer that's the way it's always been done I feel his had a complaint and took it to far because of who he is he also put in the letter another choice not return to work or seek a formal hearing giving me the opportunity to challenge the complaints which conveniently popped up when he looked in to it but was never mentioned before then it said please let me know your intentions but in the mean time I had written by hand just to inform you I have not resigned but I think we need to have a meeting to try and resolve the matter regarding the letter you had sent to me as in my opinion it was done in the.wrong way but may be not in your opinion also I did try to resolve this over the phone but you were just not interested in what I had to say so the next step is to have a meeting also at the end of the first letter that caused all this he had put please consider and let the manageress know as soon as possible or if you wish to speak to me first you can do so and that's why I rang but not in a rage as he has stated in all letters sent to me then I received a letter passed to my mother who works at his other business but that same day I had asked my mother to put the letter I wrote in his pigeon hole and of course it had also said that I was keeping all corosponding from both of us as in my mind the reason being was I had written it by hand not what he suggested that it was a veiled threat buy the letter he sent before he got my letter said even though I wasn't going to work my notice I was entitled to my pay up to the time I worked accrued holiday pay and my week in hand as I didn't just walk out and cause problems for the business but still supposedly I was still in a rage when I left so then I received the next letter basically saying because I wrote about keeping all correspondence and he took it as a veiled threat the offer he had offered me was taken of the table and basically if I want to come back I will have to take the new contract and also put lots of things that were erelavent except that the manageress had told him that my mother was at the shop before she arrived but that was a blatant lie so my mother sent him a email to look at his CCTV to see for him self he had also wrote that in my letter hear say as far as I'm concerned surely he has to have proof
Expert:  Ben Jones replied 1 year ago.

ok so as I understand it they are treating you as having resigned and are only allowing you to return if you accept the new contract?

Customer: replied 1 year ago.
but he was going to take me back on the old contract on the understanding I either do the unpaid 10 mins or change my regular shifts but when he received the letter from me saying about keeping all letters from both parties was a veiled threat he put stating the obvious point implies a threat and I do not need to be threatened to treat staff in a fair and reasoned manner I am therefore withdrawing offer to over look your repudiation of contract and substituting a new offer before turning to that I can confirm that all wages due up to date of reputation plus accrued holiday pay will be made available to you the reference to forfeiture of a week in hand in contract documents is intended to be a deterrent it is only applied if I can demonstrate a genuine loss as a result of the actions of the employee meaning I didn't just leave the shop but he has only done this because of the threat which you said was not a threat thankyou for your help
Expert:  Ben Jones replied 1 year ago.

No it is not a threat, it is your right to do this and even if you did, it does not really change your or his position.

There is in fact some case law which will help you in terms of the resignation and getting your old job back. I wish to discuss this with you so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. Sometimes an employee may resign in the heat of the moment, for example after an argument with a manager or colleague. It could be an official resignation, or an act that implies resignation, such as clearing their desk, saying they will never return, etc. In such situations they might not really have meant to resign but did so on impulse. Therefore, the employer should not automatically assume that the employee has resigned and should allow a short cooling off period for them to change their mind if necessary.

The leading cases are those of Kwik-Fit Ltd v Lineham and Ali v Birmingham City Council. It was decided that an appropriate period for the employee to change his mind was "likely to be a day or two". That is on the assumption that the employee had not already been given the opportunity to reflect on their apparent resignation and retract it.

Therefore, in circumstances where an apparent resignation has occurred in the heat of the moment, the employer would be expected to give the employee a couple of days before treating their actions as a formal resignation. That time should be used by the employer to contact the employee in order to clarify their position. Failure to do so and take their resignation at face value could be treated as a dismissal instead, which could easily be challenged as being unfair in the employment tribunal.

Customer: replied 1 year ago.
would it be OK to put this to my boss the answers you have given in a letter don't want to be accused again of a veiled threat and to explain I still want to carry on with old contract which will involve transferring to opening up shifts I'm not going to except the 1st option which is to go in 10 mins before or third option not return to work also should I say I got help specifically from an a employment lawer thankyou very much you have really helped to confirm what I thought just needed to make sure
Customer: replied 1 year ago.
Also I received a email from him yesterday saying about the 10 Min rule and we were told this verbally but I totally disagree with it so I would have said something at the time and the member of staff never left before half ,2 so I tried to suggest that I be paid for the 10 mins so be in for 2 .20 then she would have got out by 2.30 a reasonable request I thought but just does not want to pay that extra 10 mins also I get paid to 20.15 but have to do closing down which some days won't get out until 20.25 but have never asked for that extra time ,he fills because it's a small business there should be give and take and I've got to do all the giving by the sounds of it and then proceed to tell me other members of staff have had to do it in previous jobs they have been in and his manageress at the other shop says her partner does it as well but that has nothing to do with me that's there problem to sort out and should he be talking to other staff about this who I don't even work with and they have to be in 5 mins before not 10 mins thankyou for letting me go on things just pop in to your head and i need to ask the question
Expert:  Ben Jones replied 1 year ago.

The saving of the correspondence is a non issue really so you can do it if necessary. Do not be concerned about it. As to the 10 mins extra it is not in your contract but if the business needs require it and everyone else is doing it then they can try and change t

Customer: replied 1 year ago.
But my argument is wouldn't listen to what I had said over the phone and just except the way it had worked for years even though as I explained earlier I was never told about the 10 Min rule even my mother has worked there in the past and on her probation was never told just turned up 5 mins before then left 10 to 15 mins after some one else would take over from her and other staff but now there saying hey new this so how come they never use to come in to work 10 mins before only suddenly it's all changed that's where this all began so that's why I rang boss to explain and he just talks over you won't listen so that's why I got upset and said i was going to leave he said if I did that then I would lose my week in hand so he said he tried to persuade me to stay and I said no I'm done so to this he told me to ring my manageress which I did straight away and asked if she could come in and cover she did and also spoke to me about my week in hand and losing the money to which I said no it's gone to far he won't let me put my point across then my mother said no it's best he goes home and calm down then the next morning there was a letter In my mother's pigeon hole to which the first line was your phone call yesterday evening was simply one of a number of unexpected interruptions to my planned day he is very condescending thinks I don't matter then saying I walked of the job so repudiated your contract and to seek a formal hearing which is why I wrote a letter to ask for a meeting so in the next letter he basically said I had admitted to calling him lyer which I said yes because he had seen me 2 to 3 mins before my shift started going in to the shop he didn't because I was still finishing my fag when he drove of and it wasn't 2 to 3 mins before if that was the case why didn't he say something like he does with other staff that are late rather than put a letter in my tray at work then decide even though he took it to be that I had left he decided that I could have my week in hand as I didn't Leave the shop I got cover first so I didn't go against the contract also since this he was told that I was in a rage but as I said before I don't think I would of cared about the shop not being open and would just have locked up and went home also this was told to him from the manageress who also said my mother was already there when she got there she wasn't when my mother came to collect me the manageress was reading the letter leaning against the counter she said my mother was leaning against the counter a total lie so my mother has asked to pull up CCTV to prove this and to prove I was in a rage still waiting so all this is very confusing to me what would you call a rage I took it not to be in control and .he referred me to someone else who he had fired saying the only reason he did not dismiss me was because I didn't use bad language then would that still be classed as rage thanks once again
Expert:  Ben Jones replied 1 year ago.

Hello, sorry I have been away for a few days. I have read your latest post but not sure what further queries you have about this situation?