• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Help needed re Employment Law

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Help needed re Employment Law

    Hello,
    My son, who is 19yrs old needs some help. He was working as a carer for 4 months and literally, could not cope. He is a fit and healthy young lad, but they had him working from 6:30am - 10:30pm with not much of a break inbetween. No matter how often he asked them to cut his hours, they would for a few days and then up it again. It all got too much and he handed in his notice. The hours they gave him to work in the last week were just as crazy and he was concerned that he was going to do something wrong, not care well for a patient etc due to being exhausted. They would not listen and made him feel so uncomfortable, he could just not go in. They have now not paid him his final pay for the reasons below: I feel this is grossly unfair and would really appreciate some advice. This is the last email he has received from them. I feel it is very intimidating and threatening and he is beside himself with worry. Please help. thank you

    Dear XXXXX
    In refusing to honour your notice period, you are in breach of contract. As such costs associated with this breach are permitted by law to be deducted from your final wage.

    To clarify these deductions were;
    £126.95 cost of managers time to re-cover work allocated to you in your contractual notice period.
    £108.63 cost of the work allocated to another care worker during holiday days taken in holiday year 2022 that you had not yet accrued.
    £274.75 cost of care supervisor and field care supervisor to cover your allocated work during your contractual notice period including lost administrative time. (I have had to reduce this significantly due to your earnings not covering the total cost of £440 in total).

    Not deducted also due to insufficient funds was DBS (£59.20), Uniforms (£20 each), Jacket (£35), Handbook (£15), training expenses (total to be confirmed) etc.

    I will not be entering into any discussion with a family member of yours, due to the confidential information involved relating to our customers. As detailed in the invitations to disciplinary meetings, you would have been permitted to bring a colleague with you to discuss this, unfortunately you chose not to attend either opportunity.

    I expect all company property to be returned to your branch office at your earliest convenience (and accepted by a member of staff to confirm). If this is not done, due to the nature and the possible mis-use of uniforms and company ID a report will be made to Wiltshire Police regarding theft of company property. If all property is returned I will not be perusing a claim for the additional costs detailed above.

    Kind regards,



    Tags: None

  • #2
    Hello

    Does your son have a written employment contract?

    If not, he must have been given a written statement of employment particulars within 2 months of starting his job. This is not an employment contract but it should detail the main points of the employment.

    When was he notified of the various disciplinary meetings and what were they for?

    I'm confused by some of the reasoning regarding deductions, for eg, cost of manager's time to reallocate his work. Well, that's part of the manager's job surely anyway? Are they suggesting the manager would not have been paid for doing his job and so they had to deduct your son's wages to pay him???

    When he handed in his notice did he then work after that? Did he inform the employers he would not be working his final week due to exhaustion?

    It does sound threatening and it is seemingly spiteful to a young person that they may feel they can bully.

    Comment


    • #3

      What hours are stated in his Terms and Conditions of employment?

      How does that compare to the hours worked in previous weeks and hours worked in his last week?

      As an 'aside' it's a pretty 'nasty' letter to receive.

      ULA

      Comment


      • #4
        Originally posted by shipshape View Post
        hello

        does your son have a written employment contract? Yes, it is not dated, but he started september 2021. It states that the probation period is 3 months, it would then be reviewed. If satisfactory, the continuation of employment would be confirmed. He received nothing to date.

        If not, he must have been given a written statement of employment particulars within 2 months of starting his job. This is not an employment contract but it should detail the main points of the employment.

        When was he notified of the various disciplinary meetings and what were they for?
        On mon, 17 jan 2022, 5:36 pm he received the following email:
        dear xxx
        i am writing to tell you that you are required to attend a disciplinary meeting
        on wednesday 19 th january 2022 at 1300, which is to be held at xxx
        at this meeting the question of disciplinary action against you, in accordance
        with the company disciplinary procedure, will be considered with regards to:
        1. Failure to honour contractual notice period resulting in the safety of
        vulnerable customers being compromised.
        The possible consequences arising from this meeting might be:
        Final written warning/dismissal
        you are entitled, if you wish, to be accompanied by another work colleague.


        i'm confused by some of the reasoning regarding deductions, for eg, cost of manager's time to reallocate his work. Well, that's part of the manager's job surely anyway? Are they suggesting the manager would not have been paid for doing his job and so they had to deduct your son's wages to pay him??? We have no idea why my son is responsible for paying someone elses salary?

        When he handed in his notice did he then work after that? No as it became quite unpleasant with my son having to keep telling them that he can't work the hours they were asking. Did he inform the employers he would not be working his final week due to exhaustion? He had told them quite a few times that he was not coping with the hours.

        It does sound threatening and it is seemingly spiteful to a young person that they may feel they can bully.
        i hope this makes sense?

        Comment


        • #5
          Originally posted by Shipshape View Post
          Hello

          Does your son have a written employment contract?

          If not, he must have been given a written statement of employment particulars within 2 months of starting his job. This is not an employment contract but it should detail the main points of the employment.

          When was he notified of the various disciplinary meetings and what were they for?

          I'm confused by some of the reasoning regarding deductions, for eg, cost of manager's time to reallocate his work. Well, that's part of the manager's job surely anyway? Are they suggesting the manager would not have been paid for doing his job and so they had to deduct your son's wages to pay him???

          When he handed in his notice did he then work after that? Did he inform the employers he would not be working his final week due to exhaustion?

          It does sound threatening and it is seemingly spiteful to a young person that they may feel they can bully.
          Does your son have a written employment contract? YES, IT HAS NOT BEEN DATED, ALTHOUGH HE STARTED ON THE 1ST SEPT 2021.

          If not, he must have been given a written statement of employment particulars within 2 months of starting his job. This is not an employment contract but it should detail the main points of the employment.

          When was he notified of the various disciplinary meetings and what were they for? ON MONDAY 17TH JAN 2022 AT 17:56PM HE WAS SENT THE FOLLOWING EMAIL:
          Dear XXX
          I am writing to tell you that you are required to attend a disciplinary meeting
          on Wednesday 19 th January 2022 at 1300, which is to be held at XXX
          At this meeting the question of disciplinary action against you, in accordance
          with the Company Disciplinary Procedure, will be considered with regards to:
          1. Failure to honour contractual notice period resulting in the safety of
          vulnerable customers being compromised.
          The possible consequences arising from this meeting might be:
          Final written warning/dismissal
          You are entitled, if you wish, to be accompanied by another work colleague.


          I'm confused by some of the reasoning regarding deductions, for eg, cost of manager's time to reallocate his work. Well, that's part of the manager's job surely anyway? Are they suggesting the manager would not have been paid for doing his job and so they had to deduct your son's wages to pay him??? WE ARE NONE THE WISER WITH THIS AND HOPE SOMEONE COULD ADVISE

          When he handed in his notice did he then work after that? Did he inform the employers he would not be working his final week due to exhaustion? NO, HE DID NOT WORK AFTER THAT AS IT BECAME QUITE UNPLEASANT AND HE DID TELL THEM ON NUMEROUS OCCASIONS THAT HE COULD NOT COPE WITH THE WORKLOAD

          It does sound threatening and it is seemingly spiteful to a young person that they may feel they can bully. POOR KID, HE'S NOT LOVING THIS WHOLE WORKING LIFE AND ADULTING....

          [/QUOTE]

          Comment


          • #6
            Hello,
            I have tried to respond directly to your questions, but for some reason I can’t.
            the contract has no date, although he started 1sept 2021.
            have attached (I think) some screenshots.
            Attached Files

            Comment


            • #7
              He was informed, by email, on Monday 17th Jan 2022 at 5:36pm that he should come to a disciplinary hearing on Wednesday 19th Jan 2022 at 13:00pm. Not even 48hrs notice and he was working as he has started a new job. They said he did not arrive for his first hearing so they were inviting him to a second. They never sent a first…..
              here is a copy of his last pay slip attached today
              Last edited by Bok; 21st January 2022, 19:45:PM.

              Comment


              • #8
                Hello.
                The last posting seems to have a name on it. Perhaps you would like to delete or edit
                , Then remove the name and repost with the other info.

                Regards

                Comment


                • #9
                  Originally posted by IdefixUK View Post
                  Hello.
                  The last posting seems to have a name on it. Perhaps you would like to delete or edit
                  , Then remove the name and repost with the other info.

                  Regards
                  I can't seem to delete it...... help

                  Comment


                  • #10
                    He was informed, by email, on Monday 17th Jan 2022 at 5:36pm that he should come to a disciplinary hearing on Wednesday 19th Jan 2022 at 13:00pm. Not even 48hrs notice and he was working as he has started a new job. They said he did not arrive for his first hearing so they were inviting him to a second. They never sent a first…..
                    here is a copy of his last pay slip attached today
                    Attached Files

                    Comment


                    • #11
                      That's better
                      ​​

                      Comment


                      • #12
                        Good morning,
                        Yesterday 22nd of January, my son received this letter in the post.
                        He is so distressed and I believe it shows just how much of a bully this man is. My son resigned, he was not dismissed. He did not receive anything saying he had a disciplinary hearing on the 17th of Jan. He did receive notice about the hearing on the 19th, in the evening of the 17th (so not even 48hrs notice) and he was working. quite frankly he was also quite scared to go as he finds this who experience quite scary. What do we do?

                        Comment


                        • #13
                          On what date did your son resign?
                          Did he state that he would not be working his notice, if so was this in writing or did he just not turn up for work due to the situation he was facing?

                          Over the last 17 week period did your son on average work more than 48 hours per week?
                          If so had he agreed to opt out of the 48 hour working week?

                          So the disciplinary meeting on 19th Jan to which your son was notified on 17th was effectively a second meeting, however he was not notified of the first hearing?

                          I find it a bit strange this was not referred to in that correspondence which I would expect and it was only mentioned in the letter at your post #12.

                          I am just trying to establish the sequence of events and whether the ex-employer has breached any laws so that your son has a chance of arguing his case.
                          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

                          I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

                          I do my best to provide good practical advice, however I do so without liability.
                          If you have any doubts then do please seek professional legal advice.


                          You can’t always stop the waves but you can learn to surf.

                          You are braver than you believe, smarter than you think and stronger than you seem.



                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Comment


                          • #14
                            Originally posted by ULA View Post
                            On what date did your son resign?
                            Did he state that he would not be working his notice, if so was this in writing or did he just not turn up for work due to the situation he was facing?

                            Over the last 17 week period did your son on average work more than 48 hours per week?
                            If so had he agreed to opt out of the 48 hour working week?

                            So the disciplinary meeting on 19th Jan to which your son was notified on 17th was effectively a second meeting, however he was not notified of the first hearing?

                            I find it a bit strange this was not referred to in that correspondence which I would expect and it was only mentioned in the letter at your post #12.

                            I am just trying to establish the sequence of events and whether the ex-employer has breached any laws so that your son has a chance of arguing his case.
                            Hello ULA,
                            I will answer to the best of my knowledge.
                            There was back and forth texting re when the last day would be. There was a lot of texting re the hours they were wanting and what he felt he was capable of doing in the weeks notice. It all just became too much for him as he does not like confrontation.
                            im not sure what you mean about opting out of working more than 48hrs?
                            Thats correct, he was not notified about the first hearing and as stated, did not even get 48hrs notice for the second disciplinary hearing.
                            what was not mentioned? The letter was only received by my son, via post, on Saturday 22nd.
                            thank you

                            Comment


                            • #15
                              Here is the resignation email & the response he got:

                              FROM MY SON:

                              12 January 2022

                              To whom it may concern

                              I am writing to inform you of my decision to resign, effective immediately, with my last day being Wednesday 19th January 2022.

                              During my time at XXXXXX XXXX, I have come to realise that the scope of the role is unfortunately not what I had anticipated. However, I would like to take this opportunity to thank you for the experience

                              Kind Regards
                              XXXXX XXXXXXX

                              RESPONSE FROM THE OFFICE:
                              Good Afternoon XXXXX,

                              It is with sadness that I accept your resignation with your last working day being Wednesday 19th January 2022.

                              Please be aware that as per your contract, we will be deducting from your final pay, amounts to cover your DBS, your training, plus over-used holiday days to the amount of 3 days.

                              Please arrange a suitable date and time with me for you to return your company property (ID badge, uniform, documentation if any, plus any unused covid tests and unopened PPE) and to complete your exit questionnaire.

                              Once the above has been completed, we will then release your final pay on the next usual pay date and issue your P45.

                              May I take this opportunity to thank you for the time you have spent with XXXXX XXXX. We wish you all the best in your future career.

                              Please direct any references to myself, at XXXXXXXXXXXXXX

                              Best Wishes


                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X