Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long did you work for the employer?
4 months approx
was the 28 days notice period stated in your contract?
sorry delay had to check. Yes it is stated in the contract. The last contact I had with the cleaning company who employed me was handing over my written notice, being escorted from site - by their senior representative, and hearing their senior representative say " we might be able to find you something else"
I have not had an email, phone call or other contact other than a social visit to my immediate supervisor a few days later where the word fraud was mentioned and refuted by myself but I think gives an indication of the argument they might be preparing. Neither to be honest have I emailed them to say 'I am here and available for work' but it is surely implied as they have not instigated any proceedings at all. I still don't see that they have a basis not to pay me for 'working' my notice even if they are thinking of prosecuting for fraud?
Fraud is a very ugly word for a linked-in entry stating that I work at a particular company site. The exact entry (taken down 10 minutes after the request to take down and which I strongly believe they do not have a copy of) was as follows: Consulting manager to Williams Avanced Engineering (Linkedin provide logo) "Lucky enough to be managing a small team making a difference to Williams. Bound by a strong Non Disclosure Agreement so will not be able to give any further details."
Whilst the client can ask for you to be removed from site and the employer cannot really challenge that, you will still have your employment rights with them. This would include the right to be allowed to serve your notice period if you had resigned. You may not have specifically contacted them to say that you are available for work but that would be implied unless you had indicated otherwise (for example refuses to answer their calls or not turned up to work). Whilst they could have easily dismissed you (for gross misconduct as well if the evidence to back that up exists) they should have taken you through a disciplinary process and in the meantime your notice would have still continued to run and you should have been paid for it. So in the circumstances you are able to consider making a claim for wrongful dismissal or unlawful deduction of wages – they will get you the same outcome and that is to be paid for the length of the notice period. The claim can be submitted within 3 months of your contractual notice period expiring. However, before you consider making this claim you should contact the employer and remind them of what you are due and give them a set time to pay you, stating you will go to the employment tribunal if there is no resolution.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
That IS very good to hear thankyou,
I am still quite concerned about he potential "fraud" counter -accusation / counter claim.. do you think that is likely since I was employed as a cleaner not really much cash to rake back i suspect :)
Should I apologise / is that an admission of guilt (I strongly suspect they have no evidence) ? I feel very much like apologising and feel sort of bad about taking the notice money too really but the law is the law, and honestly I am very surprised they never contacted me.
It certainly does not look like fraud to me. I think the employer has just jumped at this and used a label they think is appropriate without any appreciation of the law behind it and what is actually fraud from a legal perspective. So you should not be too concerned about this, specifically not about the police getting involved or this being a criminal matter. If you want to apologise you are certainly free to do so, no one can force you to but if you eel it is the right thing then do so - it is not an admission as long as you do not admit anything and just say you apologise for whatever issues your actions may have caused - this leaves it quite open
Does this explain things a bit more for you?
Yes, Ben, it does help. Thanks very much for your time in this, I do appreciate it.
Once they have replied, I may take advantage of the 'free week' offer I am being made aware of, do hope that will be ok, and that it's alright to request you specifically since you know the albeit brief history. Thanks again
yes you can request me by name in any further questions you have. If your original question has been answered I would be grateful if you could please quickly rate my answer - 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