• 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.

Notice period dispute

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

  • Notice period dispute

    A family member works as a contractor, they were offered a role with a company that had never employed/engaged with a contractor before, but they were so impressed they hired the contractor based on what they could deliver, during such negotiations, the contractor stated that they could hit the ground running, and if the employer didn't see their impact in the role within the first 3 weeks they'd gladly leave, the contractor being confident that they would make an impact.

    Three week passed and the contractor held to their statement, of which they had made a significant impact, at this point the employer felt at ease and only at this stage did both parties agree remuneration from which the contractor also agreed 4 weeks notice period with their employer (the guy who was also the director of the company), that was all verbally agreed - shook hands on.

    Later (9months) the business wasn't doing so well, so the employer let the contractor go with a stipulation they will be afforded 1 weeks notice on garden leave or if needed to clear a desk and hand over, they can be in the office.

    The contractor decided to be on garden leave, having been served notice handed all things, keys etc back to the employer.

    The next day after realising the bombshell that they've been let go without the 4 weeks notice, and only been offered 1 week, they contacted the employer to raise their claim, from which the employer said they'd have to look into it - yet it was the director they had spoken to (should have recollected what they had agreed/negotiated).

    Two days passed and the employer (director) phoned the contractor (as the employer phoned a business phone, the call was recorded) to discuss the notice period from which the employer offered the contractor 2 weeks notice - as a compromise, stating they would never have offered 4 weeks; as its unheard of, the company never hire contractors or offer more than 2 weeks notice- was the employers argument. The contractor stated that they were confident from their negotiations with the employer before being employed that it was a 4 week notice period, as that is what the contractor had based their decisions on, coupled with their working relationship, flexibility within their role, to turn down several roles elsewhere being head hunted throughout the period they were employed by the current employer.

    The contractor argued and highlighted promissory estoppel that all their decisions to stay within the company (whilst being head hunted elsewhere) were based on what was agreed under negotiations, where considerations were made by the contractor weighing up the pros and cons to stay or leave. Again, the contractor was told they'd have to wait for a decision, as it would need to be looked into further (by the director).

    Finally, the employer sent an email two days after, to the contractor where they now claimed that 1 weeks is all the contractor is afforded - the employer made no ref to the 2 weeks offered verbally - but refuted and rejected that 4 weeks would have ever been offered.

    Questions - under the circumstances above, is promissory estoppel strong enough to argue/win in court? as the employer offered 2 weeks as a compromise (recorded business conversation) to the 4 weeks the contractor understood to be in place, by offering the 2 weeks has the employer opened himself up for the 4 weeks? I'm unsure of the case law, but by making an offer to the contractor the employer is acknowledging the 4 weeks notice period and attempting to limit their liability in agreement? and offering less.

    I'm new on this forum, if I have posted in the wrong area my apologies, however, I look forward to reading your replies. Thanks.
    Last edited by smash; 28th September 2021, 12:55:PM.

  • #2
    The 4 weeks wasn't documented anywhere. Also the 'offered 2 weeks as a compromise (recorded business conversation)' was recorded without the other party's knowledge (ET's are more understanding of it, not sure how courts would view it), you might be able to use that, if you transcribe it, but you'd need to check with the ICO. They are the hurdles to bringing a claim.

    Comment


    • #3
      Originally posted by echat11 View Post
      The 4 weeks wasn't documented anywhere. Also the 'offered 2 weeks as a compromise (recorded business conversation)' was recorded without the other party's knowledge (ET's are more understanding of it, not sure how courts would view it), you might be able to use that, if you transcribe it, but you'd need to check with the ICO. They are the hurdles to bringing a claim.
      Does it matter if the other side knew/know all calls are recorded?

      Comment


      • #4
        Here's some info (posted for info only) -

        https://www.dma-law.co.uk/is-it-ille...0person%20know.

        Comment


        • #5
          Originally posted by echat11 View Post
          Here's some info (posted for info only) -

          https://www.dma-law.co.uk/is-it-ille...0person%20know.
          Thanks for the feedback.

          As noted from the link:

          2014. Is it illegal for businesses to record conversations?

          Here is where the law gets stricter, as there are many laws in the UK to stop businesses from recording conversations. Under the Telecommunications Regulations 2000, companies can only record calls without telling you if the recording is used for monitoring or keeping a record of communications for:
          • establishing the existence of facts
          • ascertain compliance with regulatory or self-regulatory practices or procedures
          • to demonstrate the standards which are achieved or ought to be achieved by persons using the system in the course of their duties
          • in the interests of national security, or for preventing or detecting crime

          As the contractor works through a Ltd Co, they are a business and therefore represent the business where if to phone the contractor and leave a voice mail their message states all calls are recorded- from which (and including via the contractors email signature) the employer knew that 'all calls are recorded', when they made an offer of 2 weeks, arguing 4 was never agreed.

          Apart from the recording. I was to believe that once the employer rightly or wrongly made the offer of 2 week, they inadvertantly agree that an accord had been struck against the 4 weeks notice, hence were now attempting to vary the 4 weeks by making an alternative offer? Hence acknowledge the 4 weeks notice period and or imply they knew of it with reasonable doubt, so much so as to offer an alternative and limit their liability?

          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.
          Working...
          X