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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49493
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work for **** ******as a Hgv driver, i have been having

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Hi my name is Jose  ******  and i work for **** ******as a Hgv driver , i have been having problems with certain managers because im trying to do my job properly and they dont seem to care about anything i reported so many very important things and they just do what they want and treat us very bad its not fair i even sent emails to the companies Human Resourses and they didnt do anything either i would like to know what could i do to put a stop to this as today we started in a different depot and i was told that we would have spaces for our private cars all we needed to do is move the lorry and park where the lorry was when I got to work this morning they told me to leave the keys in the office and that's what I did when I finished work I went to the depot and asked in the office for my car keys they told me the keys were inside the car i asked why aren't the keys in the office? This manager very arrogantly told me that's hows is going to be from now on , i asked him what if someone steals something from inside the car he continued with his arrogance and told me that if I didn't like it that i should start leaving my car outside on the main road and I said to him that he knew full well that I couldn't leave my car outside as there was no space and I needed permit for this he said I don't care do whatever you want then . I personally don't think this is the right way to speak and treat people specially at work . I asked this my depot manager 4 times for a copy of my contract and still dont have it the last time i ask him he wanted to give me one of my colleague's contract with his name written on it and i said to him Andy what am i gonna do with tgis contract with my colleague's name? He said what do you need this for? I said to keep it at home safe and for my personal use . What could i do . could you help me please many thanks

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

So how long have you worked for this employer for?

Customer: replied 3 months ago.
I've worked for them about 6 years now

OK, thank you for your response and for the phone call request. I am unable to talk at this present time, however leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Many thanks for your patience. First of all in relation to the contract, the employer has a legal duty to issue you with a written statement of employment particulars within 2 months of starting. This is not a contract but it has the same contents as that so you can pursue them for it.

In terms of the other issues, whilst you can try and resolve them internally, there is only so much you can do that way. In the end this could potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who resigns in response to it.

Whilst the alleged breach could be a breach of a specific contractual term, it is also common for a breach to occur when the implied term of trust and confidence has been broken. The conduct relied on could be a serious single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).

Before constructive dismissal is contemplated, it is recommended that a formal grievance is raised in order to officially bring the concerns to the employer's attention and give them an opportunity to try and resolve them.

If resignation appears to be the only option going forward, it must be done in response to the alleged breaches (i.e. without unreasonable delay after they have occurred). Whilst not legally required, a resignation would normally be with immediate effect and without serving any notice period. It is also advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.

Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service with the employer. There is a time limit of 3 months from the date of termination of employment to submit a claim in the employment tribunal.

It is worth mentioning that there is a possible alternative solution, where the employer is approached on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under such an agreement, the employee gets compensated for leaving the company with no fuss and in return promises not to make any claims against the employer in the future. It is essentially a clean break, where both parties move on without the need for going to tribunal. However, it is an entirely voluntary process and the employer does not have to participate in such negotiations or agree to anything. It just means that these discussions cannot be brought up in any subsequent tribunal claim and prejudice either party. So there is nothing to lose by raising this possibility with them as the worst outcome is they say no, whereas if successful it can mean being allowed to leave in accordance with any pre-agreed terms, such as with compensation and an agreed reference.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to take if you are to pursue a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 3 months ago.
To be honest with you im still in the same position as before because as I read your message and I think that it didn't answer any question of mine i don't want to resign all i want is to do something that could make this people stop treating us so badly

But that is the whole point of it - you can't!There is nothing you can do that will guarantee they stop doing this and that things change. That is precisely why I discussed the resignation option as eventually it may come to that, on the grounds that there is nothing legally you can do to guarantee they stop this behaviour...so I cannot give you an answer that does not exist unfortunately

Customer: replied 3 months ago.
Hi Mr Ben Jones I would like to know if I'm really gonna be charged 44£ for accepting that phone call request as I never got that call back as you told me that you couldn't speak at the time , is just because I received an email not long ago saying that I was going to be charged , many thanks

Hello, do you want the phone call still? Also did you see my last response last night clarifying things for you a bit more?

Customer: replied 3 months ago.
Thanks but can't talk on the phone right now but I will send you a request for a call if needed and am I gonna be charged for yesterday's request or not really

not if you do not want the call

Customer: replied 3 months ago.
Ok thank you so much

no problem. Also not sure if you saw my follow up answer last night.

I saw from your rating that you were not entirely satisfied with the service I have provided you with. As a lawyer I have to be honest and quote the law as it is and it may not necessarily be the answer you wanted to receive - unfortunately there is little I can do about this. If you are upset at your situation but not by the quality of my answer, please consider re-rating positively as I am only a messenger. If you simply want more information, feel free to reply and let me know Thank you

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 3 months ago.
Hi I just wanna know why I got charged 43.19£ ??? Because I was told that I requested a phone call I would be charged but I haven't requested any calls many thanks

as you did not have a phone call you should not be charged that amount - it could be that it has just remained on the system and not been refunded - please contact customer services here:

http://ww2.justanswer.co.uk/en-gb/contact-us

Tell them you are awaiting a refund for the phone call payment you made