Breach of Contract?

[Delicia]

Morning!

I'm a little unsure of my situation at the moment.
For the past 3 years I have worked for a major food manufacturer on long term contracts via an on site agency.
I attended work last Monday night (I worked the night shift) to have one of my managers inform me that they had received an email from the agency stating I had resigned. I knew absolutely nothing about it!
They had therefore terminated my contract. I handed in my swipe card etc and left the premises.
I have emailed the agencies head office to request a full investigation and although they have yet to acknowledge receipt of that email I know they have had it as I called the agency office and was told that they were unable to speak to me as their managers had called them.
I also asked the manager of the factory to send me a copy of the email she had received, she agreed and took my email address, however that has failed to appear.
No notice no explanation no nothing.
It clearly states in the contract that there must be a weeks notice given by either side.
I'm now losing wages and it would seem there isn't a lot I can do about it.

[leclerc]

Re: Breach of Contract?

Morning!

I'm a little unsure of my situation at the moment.
For the past 3 years I have worked for a major food manufacturer on long term contracts via an on site agency.
I attended work last Monday night (I worked the night shift) to have one of my managers inform me that they had received an email from the agency stating I had resigned. I knew absolutely nothing about it!
They had therefore terminated my contract. I handed in my swipe card etc and left the premises.
I have emailed the agencies head office to request a full investigation and although they have yet to acknowledge receipt of that email I know they have had it as I called the agency office and was told that they were unable to speak to me as their managers had called them.
I also asked the manager of the factory to send me a copy of the email she had received, she agreed and took my email address, however that has failed to appear.
No notice no explanation no nothing.
It clearly states in the contract that there must be a weeks notice given by either side.
I'm now losing wages and it would seem there isn't a lot I can do about it.

Do you have the name of the person who emailed you?
Have the agency confirmed that they received notice allegedly from someone pertaining to be you about resigning?
Are they looking for work for you?

[labman]

Re: Breach of Contract?

I would be inclined to send an SAR to your ex-employer. This way, you should get a copy of the e-mail to them from the agency and a copy of any reply they may have sent.

If they have been exchanging any other data about you, you will also of course get that.

[charitynjw]

Re: Breach of Contract?

If you didn't send the email, could you not contact your email provider for confirmation?

[Delicia]

Re: Breach of Contract?

The email was sent by someone at the agency directly to the managaer on the night shift.
Nobody at the agency will talk to me now that I have filed a complaint. The night shift manager said she would send me a copy of the email but hasn't.
------------------------------- merged -------------------------------
Oh and I don't have the name of the person that emailed her either. It is all very suspicious to me, as they had someone on a permanent contract who needed a job, the friday before this happened, the labour sheet showed I had been moved and she had been given my job. Just saying!

[leclerc]

Re: Breach of Contract?

are they looking for work for you?
Have you got your CV in to other agencies to look for work?

[charitynjw]

Re: Breach of Contract?

Is your contract with the agency a contract for services, or a contract of employment?
How do you pay tax? (Are you classed as self-employed?)

Some info for you
http://www.tuc.org.uk/tuc/agencyworkers.pdf

[labman]

Re: Breach of Contract?

I refer you back to my advice in post 3

[Delicia]

Re: Breach of Contract?

New developments. I was offered another job with another company shortly after I wrote on this board. So at least that issue is out of the way.
However it has gotten murkier.
I was contacted by the agency yesterday and I agreed to meet them. We had the meeting, very informal, and I received an apology for what had happened. However they did rightly say that it could have been sorted out tuesday morning had something else that I didn't know not happened.
It would seem the line manager went storming into the on site agency office and informed them that as I left I had stopped members of staff from entering the building for work using threatening behaviour.
It is a complete and utter lie. I know where it has come from. The only person I saw on my way out after I had very calmly handed my swipe card in was the same horrible person who has spent the last two years bullying and harrassing me. I can't bear to be in the same room as this woman. The manager is aware of the issues I am not the 1st she has bullied and now I have left she will merely move onto the next person. I am disgusted that the manager has chosen to listen to this rubbish and has reported it.
In any case, I left at 10.30 pm, who would be turning up for their start time of 10 pm at 10.30?
However, there are 2 security cameras covering that door, which they have clearly forgotten. The agency and I parted on good terms, they did offer me other work making it clear that I am their employee not the company they supply staff to and that the company allegations issues were not a reflection on me as far as they were concerned. but I had very luckily got another job and they have stated that a good reference will be provided.
They have taken a statement and it will go back to the company for that to be investigated. The agency manager will keep me informed by email. It is clear the agency do not believe her, if I was that way inclined it would have shown before in the 2.5 years I have worked there.
I know I have walked away now and there is no way I would ever work for that company again, it makes me so cross that I went the extra mile alot of the time to keep that manager happy and she stabs me in the back like this.

[charitynjw]

Re: Breach of Contract?

Hi

If it were me, I would spend a tenner to secure that CCTV footage via a Data Protection Act Subject Access Request.

Quite often, security is outsourced - there should be signs up to identify the responsible person/firm.

http://www.legalbeagles.info/forums/...ad.php?t=20399 post #4

[Delicia]

Re: Breach of Contract?

I thought about it, but today I have been offered a job which I have accepted.
The agency emailed me this morning to let me know the complaint had been raised so at least they are honouring their promise.
I am still very cross and hurt about it but on the other hand I wouldn't have been available for this new job otherwise and it is so much better. It's is working with a previous agency at the site, working within recruitment.
I have to say here that help appeared from people I didn't expect but to those I was friends with.....well not one of them has contacted me to see if I am ok.

[charitynjw]

Re: Breach of Contract?

One door closes, another opens!

Good luck with the new job.