****FESTIVEFREX***** or anyone that knows about employment law.....

[onzephyrstdayofchristmas]

Following on from my other thread about dp's work/wages/contract disaster, I am going to write a letter of resignation for him basically saying that he's not going back after they break up for xmas on 22nd. I haven't been able to get to CAB so I need to know what I can say to them re them breaching his statutory rights by not giving him a contract, not paying him on time etc etc.

Also can/should I email the letter so it gets there today and post a letter/hard copy later today?

Bump

I think - if he is going to claim unfair dismissal he has to put in it that he felt he had no other option but to resign, and the most recent incident or whatever was the last straw in a string of events etc

Can I put that the continuing issue of late payment and the uncertainty of not having been issued a contract to sign have given him no option but to resign?

Basically I want to get across everything they have done wrong and make them not argue his notice because he has another job lined up for Jan but he has to be careful enough that they still pay him his wages and bonus on 22nd, so I need to put them in a corner!

Sorry, only just seen this. What is he seeking to achieve? Is he just after the money he is due or does he want to take the matter to an employment tribunal? If the latter, then he needs to raise the issues as a grievance. If you go to your local CAB they have a booklet which sets out exactly how to proceed in raising a grievance. Employment tribunals frown very heavily on firms which deny their employees their statutory rights - and it is no excuse to say they didn't know what they were.

Even if he doesn't intend to take matters any further, it might be an idea to raise the grievance anyway as it might make his employers cough up all the monies he is due.

hi. your DP needs to have worked there for 12 months to claim unfair constructive dismissal and needs to be an employee of hte company not working as a contractor. to claim constructive dimissal you need to demonstrate that the employer's actions go to the heart of the employment relationship, so consistently not paying him on time would be a potentially valid reason. i would expect a tribunal to seek to understand what he had done to improve the situation/bring it to their attention, so a letter of complaint or a grievance under the procedure would be a good way to start.

Hi - thanks for your replies Basically I'm not sure how much, if any, he is still owed. When I rang them the other week they managed to pay what he was owed from the month before straight to his account - even though he had been chasing them up for weeks When he went to the xmas do his boss called him a Bastard for not telling him that I had sorted his wages, and that he had spend 'two hours on Friday trying to avoid you so I wouldn't have to deal with it'

Basically, what he wants now is to leave. They finish for xmas on 22nd when they get their wages and bonus. He has a new job lined up for beginning of Jan but is worried about handing notice in now because they won't pay him on 22nd and we need that money obviously.

He has never even seen/signed a contract, although he is employed directly by the company...I remembered you saying that was a breach of his rights frex, so was wondering if I could use that in a letter to say that he has no choice but to resign and take on other employment.

If he's just looking to leave without, presumably, giving much notice, then I would list all the issues in your letter, such as failure to provide written statement of terms and conditions within 2 months of starting work, failure to pay wages on time, unauthorised deduction of wages, etc. State that as they have failed to comply with their statutory obligations, he has no option but to hand in his notice with one week's notice.

Wait for his money to go in on 22nd, then send the letter making his last day 31st December.

Perfect - Thank you frex... I just wanted to be sure that he could actually do that without having any comeback from them.