How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49845
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
Type Your Law Question Here...
Ben Jones is online now

I am a 27 year old Czech female living and working in

This answer was rated:

Hi , I am a 27 year old Czech female living and working in England. I have been working full time with a contract as a line supervisor in a factory for 6 years in that time I can honestly say I have worked hard for the company and done my best, ***** ***** have struggled for the last 2 or 3 months with a male manager who has made me feel uncomfortable, he shouts at me , he gets close to me and raises his voice in an aggressive way that has made me cry several times when I have done nothing wrong, he has also done this in the office with his manager present who did nothing, running alongside this I also have back troubles that have are being made worse by the fact that since the pump truck broke several weeks ago we are being made to drag loaded pallets by hand that I estimate weigh in excess of 80 kg , this takes 2 or 3 of us to drag, we have mentioned this issue but they have not replaced. The shift manager who is bullying me was also in some trouble around 6 months ago when he made a female employee cry and then called her a swear word and was made to apologize when she came in work with a solicitor. So basically I'm planning on handing my resignation letter tomorrow I do not want to work my weeks notice as I am to upset being near this man but I'm due 2 weeks holiday pay , can they make me work this week? Will I still get my due holiday pay if I don't ? I have no real interest in pursing any compensation etc for the bullying and if I thought they would wave the fact I'm not going to work my weeks notice then I probably would say nothing however I dont see why I should be bullied from I job I once enjoyed and then also get penalized for leaving, how do you reccomend I write the notice letter?? Many many thanks in advance. Nelinka

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you only interested in getting your holiday pay you are owed?

Customer: replied 1 year ago.
Hello Ben basiccaly I want to hand my resignation in tomorrow and leave without working the week as per my contract and yes I want my holiday pay I am owed. Thanks
Customer: replied 1 year ago.
I have no real energy for trying to get this guy in trouble I just want away and to move on

So you are prepared to not get paid for the notice period?

Customer: replied 1 year ago.
I want to walk-in tomorrow morning at 7am and give them my resignation and go home and not come backI do not expect to be paid for next week but I do want paying 2 weeks Holliday's I'm am due

The starting point is that under normal circumstances you would be expected to serve your notice period when resigning, otherwise you may be acting in breach f contract. However, there are circumstances when this will not happen and you have a couple of options of going about it:

· You can claim that what has happened amounts to constructive dismissal, which makes the whole contract void, including any notice period requirements

· You could try and get signed off sick for the duration of the notice period which means that whilst you continue serving it you are not actually in work – you do not need to be physically in work during the notice period. So if you believe you could get signed off, such as for stress, then that is an option.

Whichever option you decide to use, you will be entitled to get paid for the holidays you are due as that is a legal right you have which the employer cannot avoid, so at least you know this will be safe.

This is your basic legal position. I have more detailed advice for you in terms of tips on how to write the resignation letter, which I wish to discuss 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 I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
I will hand the notice in tomorrow via a colleague and then call in sickShould I mention the bullying etc in resignation letter?

You do not have to unless you are relying on the constructive dismissal option but if you want to include it then you have nothing to lose and it may prompt the employer not to challenge your decision in any way fr fear of you taking it further because of the bullying. Hope this clarifies?

Customer: replied 1 year ago.
I have to close the chat to rate but I would like some pointers how to word the letter whilst also including the pump truck issue and bullying

Don't worry, leaving a rating will not close the question and we can continue this discussion afterwards on here. Thank you

Ben Jones and other Law Specialists are ready to help you

Thank you. For a suggested resignation letter see below:

Dear [name]

Please treat this letter as my formal notice of resignation from my position of [job title].

Whilst this has been a very difficult decision to make as I have genuinely enjoyed my time in this role, recent events have made this inevitable and I have been left with no other option but to leave.

The main reasons that have prompted this decision are the bullying I have experienced by [name] and also the health and safety risks I have been exposed to as a result of the pump truck malfunction several weeks ago. The latter has meant I am now expected to undertake unsafe manual handling and being exposed to clear health and safety risks.

I believe that my position has become untenable and the only option now is for me to leave the employ of [company’s name]. As I am currently suffering from severe work-related stress as a result of all this, I am being forced to go on sick leave for the duration of my notice period and will not be returning before its expiration a week from now. I simply wish to be paid what I am due under contract in termination, including any accrued holidays which remain outstanding by the date my employment terminates.