Intimidation during notice period

[Rosan]

Hello everyone and thank you in anticipation of some advice.

My son has been working for a small private company for the last three months, first job straight out of University where he got a first class honours degree. (we're so proud). Had he known then what he knows now, he would never have taken the job, but it was a good offer made even before he finished his course.

Long story short is that he handed his notice in last month, giving a month's notice, even though his contract stated he only needed to give a week. I helped him to write a very nice letter thanking his employer for the opportunity, the experience and the fact that he had found employment more suitable to his skills.

Since then his employer, the owner, has been sending emails detailing, ridiculous accusations, such as working slow, distracting others and even freelancing in company time.

My son tells me this is totally made up and totally untrue and I honestly believe him.

Last week his employer chased after him after he finished work and accosted him in the street calling him an arrogant b****** and that he had cost him money by leaving.

My son is extremely upset and stressed out over the whole situation. He feels he's being bullied and intimidated and set impossible tasks which can never be completed in the short time he has left, which is next Friday.

So here's the latest. An email (the last of four disparaging messages) last night read:

"Dear John,
I must insist you provide me with the name, address and telephone number of your new employer as I feel I have a duty of care to provide a reference.
Yours, Jack.

My advice was, don't do it! I'm sure he has no right to ask this of my son, especially because we believe he intends to make false accusations to his new employer.

Naturally he cannot wait to leave, but we can't understand what motivates the owner to behave in this way. My advice to him was stick it out, work hard, and do what he can. I think he's worried that he won't pay him, but that's yet to be seen.

What do you think?

[Kati]

Re: Intimidation during notice period

Personally, if your son's new employer is not requesting a reference from his current employer I cannot see a need for your son to comply with this request :tinysmile_twink_t2: If, however he wanted to respond, a polite refusal stating that his new employer does not require this reference, and therefore your son sees no legal requirement to acquiesce to these demands could be the way to go??

As @Johnboy007 says on a different thread:

Hi,
There is legislation on what a company can or cannot deduct or withold any money.
Your employer isn’t allowed to make deductions unless:

• it’s required or allowed by law, eg National Insurance, income tax or student loan repayments
• you agree in writing
• your contract says they can
• there’s a statutory payment due to a public authority
• you haven’t worked due to taking part in a strike or industrial action
• there’s been an earlier overpayment of wages or expenses
• it’s a result of a court order

Check your contract to see if your employer is allowed to withhold your pay. Normally you’re entitled to be paid everything you earned up to the point you finished.
If you’re forced to resign as a result of your employer refusing to pay you, you might be able to make a constructive dismissal claim in an employment tribunal.

so your son is entitled to be paid until he leaves the company (unless any of the above is relevant) :tinysmile_grin_t:

[Rosan]

Re: Intimidation during notice period

Thanks Kati,
He was offered the other job there and then at the interview, pending references, of which they received 5 glowing references within the hour! References were from former employers where he had worked part time during holidays and from University heads. Clearly he doesn't need any more references, especially when it's likely to be sour grapes from this guy.
We just don't know what he hopes to achieve by trying to grind him down unless he wants him to walk out in frustration. Added to that, the tasks he's being asked to do will not be possible to complete in time, hence the worry about him not being paid for "unfinished" work, even though his pay is salaried and not performance related.

[Kati]

Re: Intimidation during notice period

He cannot be charged for work left unfinished after his notice period has ended!!

His salary should be paid for hours worked (as per his contract) and is not reliant on his finishing a set task :tinysmile_twink_t2: