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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49804
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi Ben, I wonder if you can, I have used Just Answer services before and have been very satisfied.
We run a pub, restaurant, hotel and we employed our son-in-law as the head chef. Last year he came to us and told us he was leaving but would not give us a date literally said he would leave when they were in a position to do so. We put up with this as a gensture of good will. they hae since split up and my step-daughter gave him the option at the time that she would go to her mothers and he could stay here but he said he would not stay here if she left so he left and wen tot stay with his father in middlesboroug. He told us he would return in around two weeks however in the meantime he did come back to the pub but left again and went back to |Middlesborough and did not return on the date he stated. He has been back to the pub since but never tried to discuss anything with us then left so we assumed he was not coming back but we have said absolutely nothing to him at all. He
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long has he been there for? Please note I am in tribunal today so will reply fully this eve, thanks
Also I think your question was cut short?
Hello, not sure if you saw my initial query above - How long has he been there for? also it looks like your question was cut short, can you please post the missing information, thanks
Customer: replied 1 year ago.
Hi Ben, His name is***** and was my step son-in-law and he has been here for 4 years. My step-daughter also works in the pub but only two shifts a week. He has told his solicitor that it was her who sacked him and that she is the General Manager, she is not the General Manager
Customer: replied 1 year ago.
she is just a manager. They are now separated and he is claiming that because of this he lost his job and his home and is claiming we sacked him. This is not true, she offered to leave and go and live with her mother so he could stay here and work and he refused and said he would go up to Middlesborough to stay with his family. He told my husband that he would be back in a week or so. He came back and then left again and went to stay with friends. He is also claiming that he had no money or anywhere to live which is also not true, Jacquie my step daughter is still paying his bills even now and he has had access to their bank account she has also given him his half share from the sale of their house which is £50,000. When he came back he shook hands with my husband and asked him how he was. Again she offered to move out and he could come back but he said NO.
Customer: replied 1 year ago.
She has called his Solicitor and told her that everything he is saying is totally untrue. He was never sacked by us he gave us a date when he would be back and he didn't come on that date and when he did he did not return to work. During his time with us he was abusive and used foul language some of the customers left because of it and he constantly made life very difficult for me every chance he got he would be argumentative, rude, and abusive to me and in public in front of staff and customers. Two years ago he threw a glass over the pub in my direction and it hit the fireplace. We should have sacked him a long time ago but because he was family we put up with it.
Customer: replied 1 year ago.
I can upload his solicitors email if it would help.
Hi there if you could please that would be helpful, thanks
Customer: replied 1 year ago.
ok I will do it now.
Thanks and also can you please let me know when he left?
Customer: replied 1 year ago.
Hi Ben, I have put together a brief scenario of the background and I am uploading it for you. I am very grateful for your help and thank you for taking the time to consider this for me.
Thank you, ***** ***** it with me, I won't be able to repsond until tomorrow if that is ok
Customer: replied 1 year ago.
Sorry Ben been working late here. Thanks again
Customer: replied 1 year ago.
Hi Ben
Here are the dates. He left the Pub on the 24 February 2016. He shook Alan's hand and said he was going to Middlesbrough and that he would be back no later than 7 March 2016. He then came to the pub on the 4 March when he marched through the bar and went straight into the Kitchen to speak to the Sous Chef. On the 6th March he then came back from Devon with Jacquie dropped her in the car park but this time he did not come into the pub and drove away. I was told he had decided to go back to Middlesbrough. 7 March came and went and he did not come back to the work. Tuesday 29 March he came to the pub with Jacquie's friend Kate and met with Jacquie this is when Alan shook his hand and asked how he was and said fine and an hour later just got up an left. Unfortunately Alan was running a quiz at the time so he didn't stop him or approach him. 30 March he came back to collect his bike which he took from the shed and left again. Then on 31 March he came back for his passport which he took from the flat. On 6 April he flew out to Malaga. 13 April he returned we heard nothing then the letter from the Solicitor. He was paid on the 26 February, 4 March, and the 11 March.
Customer: replied 1 year ago.
Hi Ben, I am also uploading the original letter from his solicitor. After waiting over 8 weeks we were getting desperate as the other Chef here was threatening to leave and our Assistant Chef had already left we did put an advertisement on facebook in targeting only those who were friends of the Woodfalls Inn in the village. She was working 7 days a week and the only alternative was for us to close the kitchen which meant we would lose our customers and would have damaged our food trade as people don't always come back. Before he left he recommended that we make Carla the Head Chef when he eventually left and he told Carla that. He also text her saying that she as he knew she could do the job as Head Chef. I can get a copy of this text from Carla if you need it. This to us meant he had no intention of coming back. The advertisement went out after he sent the text to Carla as she wanted to know why we were not promoting her and when were going to get some staff for her as she could not go on alone.
Hi there, so from the information it appears that whilst he had asked to take time out from the business, it was unclear as to whether he wanted to return and if so, when. It is correct that he has rights against unfair dismissal and that in the event of a dismissal he should have been taken through a fair procedure and for there to have been a fair reason for dismissal. If he had not formally resigned but there were indications that he may not return then as an employer you should have checked with him what his intentions were. You basically should have given him a direct question asking if he had intentions of returning and when exactly, rather than just leave you in the dark. Working on assumptions can be risk because he may have still intended to come back as he had not formally resigned. Whilst he may have a potential case for unfair dismissal, it is not as easy as just claiming the £15k he has demanded. In an unfair dismissal claim the tribunal will consider his loss of earnings and that will form the main part of his compensation. He has a duty to look for new work as soon as possible and if he has made no attempts to do so then his compensation will be significantly reduced. So I would respond to the solicitors and state that he has not lost out on earnings so far because he has never made himself available for work. He was not dismissed by you but temporarily left on the agreement that he would take some time out of the business. He never actually returned or made himself available for work or in fact communicated his intention to try and return to work. So state that he has not been dismissed and that his job is still available if he is actually willing to return. In addition, ask for proof that on the assumption he has been dismissed he has started looking for new employment as he has a duty to mitigate his losses. Finally, whilst there is nothing stopping him from making a claim in tribunal, he may never go that far as he may be put off by the fees, which are over £1,000. You can of course monitor the situation and see how far he takes it and I he actually goes ahead with a formal claim (which he must do within the next month or so), then you can reconsider your position and whether to try negotiating with him again over settlement. 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.
Hi Ben, Thank you very much I really do appreciate all your hard work and I certainly will do the rating. I don't know where you are based but I am in Salisbury would it be possible for you to take this case on for me or do you suggest I find someone here or could you deal with it by email and if he goes to tribunal how much would it cost us to defend it could you give me a figure.
Hi, I am not near there and in any event we are not allowed to take on clients via this site so my help is limited to discussing things via this site unfortunately. However, in the event of a tribunal you really need someone you see in person so take a look for local employment lawyers near you. As to how much it would cost, it really is a case of how long is a piece of string - it depends on many factors, how complex the case gets, how long it goes on for, how much help you actually need, etc. But at least a couple of thousand is a reasonable figure, although you do not need a lawyer, it is not a requirement
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ben Thank you very much for all of your help. I would have had a nervous breakdown if I had your help. Dominic did turn up at the pub yesterday he stood outside looking through the restaurant window but he did not come in. Thanks again I cannot tell you grateful I am. RegardsVeronica
You are most welcome and thank you for the kind feedback and the generous bonus, all very much appreciated. I hope you manage to enjoy your weekend at least after all this