Broken contract?
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leighavfc
Posts: 266 Forumite
Hi all
I have a really rubbish one for me personally to ask your advice about.
Basically to cut a long story short, one of my best friends has worked for my family's company for the past 12 years. We were good friends long before working together, never had any issues with each other etc.
Around about a month ago he went to my dad to tell him that he wanted to leave to help his dad start up his own company. Whilst shocked and gutted my dad understood why he wanted to leave and respected his decision. In turn my dad asked if he could work a 11 week notice period to enable us to replace him, as he was a very important member of the company. We are only a small company with 6 people max in at any one time, so you can imagine we are like a little family. He agreed and the following day brought his notice in to suit what was agreed the day before, i.e leave after 11 week notice period.
On Sunday morning my dad received a text message from said person telling him he was signing himself off sick with stress because of everything going on... Now this absolutely amazed me as he has been his normal jokey self, ive known the lad most of my life, i know when something is up. Over the weekend he has been out doing various things with his missus, and was even drinking yesterday evening out somewhere. I also saw him at the tip not long after my dad phoned me to tell me what was going on, i was too angry too acknowledge him and pretended i didn't see him as we drove past. Imo there is nothing wrong and he just wants to get started with his dad quicker than he agreed to.
My dad asked him to attend a meeting on Monday (today) to finalize stuff and get it all sorted, for him to hand keys to the factory over etc. He replied saying the doctor had told him to rest and he was not up to it, adamant that he wasn't up for coming in for a meeting. My dad then said to him well i think you ought to get this sorted and i will see you at 12pm tomorrow. He didnt show up at all, no contact nothing.
I believe he has broken the terms of his contract, and although i just want to put a line under this and see the back of him and this, part of me thinks we should pursue to prove a point?
The sad thing in all this is he hasn't said a word too me about it, and we are like brothers (so i thought).
Thanks for reading if you got this far
I have a really rubbish one for me personally to ask your advice about.
Basically to cut a long story short, one of my best friends has worked for my family's company for the past 12 years. We were good friends long before working together, never had any issues with each other etc.
Around about a month ago he went to my dad to tell him that he wanted to leave to help his dad start up his own company. Whilst shocked and gutted my dad understood why he wanted to leave and respected his decision. In turn my dad asked if he could work a 11 week notice period to enable us to replace him, as he was a very important member of the company. We are only a small company with 6 people max in at any one time, so you can imagine we are like a little family. He agreed and the following day brought his notice in to suit what was agreed the day before, i.e leave after 11 week notice period.
On Sunday morning my dad received a text message from said person telling him he was signing himself off sick with stress because of everything going on... Now this absolutely amazed me as he has been his normal jokey self, ive known the lad most of my life, i know when something is up. Over the weekend he has been out doing various things with his missus, and was even drinking yesterday evening out somewhere. I also saw him at the tip not long after my dad phoned me to tell me what was going on, i was too angry too acknowledge him and pretended i didn't see him as we drove past. Imo there is nothing wrong and he just wants to get started with his dad quicker than he agreed to.
My dad asked him to attend a meeting on Monday (today) to finalize stuff and get it all sorted, for him to hand keys to the factory over etc. He replied saying the doctor had told him to rest and he was not up to it, adamant that he wasn't up for coming in for a meeting. My dad then said to him well i think you ought to get this sorted and i will see you at 12pm tomorrow. He didnt show up at all, no contact nothing.
I believe he has broken the terms of his contract, and although i just want to put a line under this and see the back of him and this, part of me thinks we should pursue to prove a point?
The sad thing in all this is he hasn't said a word too me about it, and we are like brothers (so i thought).
Thanks for reading if you got this far
DEBT FREE AS OF 28/6/17 :j:beer:
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Comments
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If he's followed the Company's sickness procedure then imo he hasn't broken the terms of his contract.
You're probably right - despite initially agreeing to the 11 week notice period, somewhere - and for some reason - he's decided that he doesn't want to.
Personally I'd just follow company procedure - so if it means he goes onto sick pay rates then so be it.0 -
Certainly sick pay.
Invite him to another meeting, and ask him to provide a Drs note to say that he isn't fit to attend if he says he cannot.“I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse0 -
gettingtheresometime wrote: »If he's followed the Company's sickness procedure then imo he hasn't broken the terms of his contract.
You're probably right - despite initially agreeing to the 11 week notice period, somewhere - and for some reason - he's decided that he doesn't want to.
Personally I'd just follow company procedure - so if it means he goes onto sick pay rates then so be it.
Thanks for this, i need to get his contract out tomorrow to see exactly what is worded. Yeah i can kind of understand if he wants to get things rolling with his dad but imo you shouldn't agree to something your not going to see through. I think i feel more aggrieved as he is actually my mate, the way he is being blunt about it isn't helping things which is just winding me up even more. After the many many things weve done and helped him with over the years, this is a massive kick in the b******s to be honest.Certainly sick pay.
Invite him to another meeting, and ask him to provide a Drs note to say that he isn't fit to attend if he says he cannot.
Yeah im sure my dad will get in touch with him to request this, what happens if he doesn't turn up? Yeah he will be on sick pay but without any proof where do we stand then? i also have the social media posts of him out and about, although im sure stress is a very hard one to judge.
Sorry for all the what ifs, my head is all over the place this evening!DEBT FREE AS OF 28/6/17 :j:beer:0 -
Does his employment contract state that he must give 11 weeks notice?
If he doesn't send in fit notes, presumably he can be dismissed for being AWOL.0 -
Learn to separate personal and professional relationships.Hi all
I have a really rubbish one for me personally to ask your advice about.
Basically to cut a long story short, one of my best friends has worked for my family's company for the past 12 years. We were good friends long before working together, never had any issues with each other etc.
Around about a month ago he went to my dad to tell him that he wanted to leave to help his dad start up his own company. Whilst shocked and gutted my dad understood why he wanted to leave and respected his decision. In turn my dad asked if he could work a 11 week notice period to enable us to replace him, as he was a very important member of the company. We are only a small company with 6 people max in at any one time, so you can imagine we are like a little family. He agreed and the following day brought his notice in to suit what was agreed the day before, i.e leave after 11 week notice period.
On Sunday morning my dad received a text message from said person telling him he was signing himself off sick with stress because of everything going on... Now this absolutely amazed me as he has been his normal jokey self, ive known the lad most of my life, i know when something is up. Over the weekend he has been out doing various things with his missus, and was even drinking yesterday evening out somewhere. I also saw him at the tip not long after my dad phoned me to tell me what was going on, i was too angry too acknowledge him and pretended i didn't see him as we drove past. Imo there is nothing wrong and he just wants to get started with his dad quicker than he agreed to.
My dad asked him to attend a meeting on Monday (today) to finalize stuff and get it all sorted, for him to hand keys to the factory over etc. He replied saying the doctor had told him to rest and he was not up to it, adamant that he wasn't up for coming in for a meeting. My dad then said to him well i think you ought to get this sorted and i will see you at 12pm tomorrow. He didnt show up at all, no contact nothing.
I believe he has broken the terms of his contract, and although i just want to put a line under this and see the back of him and this, part of me thinks we should pursue to prove a point?
The sad thing in all this is he hasn't said a word too me about it, and we are like brothers (so i thought).
Thanks for reading if you got this far0 -
No sick note, no sick pay.
To save him some stress, you could call round and collect it from him, you know, just to be helpful;)
If he has no sick pay then I'd say just forget about him from a work perspective - though I think he may have damaged your friendship:(
I fully understand how you feel, the personal relationship makes it worse. Employing people you know is always going to be riven with difficulties.0 -
Depends what your sickness procedure is. At my company you are required to phone in every morning at a certain time unless a Drs note is handed in. After a week they expect a note anyway. I work for a decent company but you can be dismissed for absence if you have not followed company procedure. Of course the company has rules they must follow before you can be dismissed.0
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Thanks for this, i need to get his contract out tomorrow to see exactly what is worded. Yeah i can kind of understand if he wants to get things rolling with his dad but imo you shouldn't agree to something your not going to see through. I think i feel more aggrieved as he is actually my mate, the way he is being blunt about it isn't helping things which is just winding me up even more. After the many many things weve done and helped him with over the years, this is a massive kick in the b******s to be honest.
What does his contract say about notice period? Because that is going to be all he is required to give, not something agreed verbally.
You really need to treat this situation professionally. You seem to think that he owes you or your Dad something, but he doesn't. he is/was an employee, and owes you nothing more than whatever notice period is in his contract. Employees come and go from businesses all the time. It's not personal, it's the way the world works.0 -
Check what his notice is in the contract
(not the company to him as that is at least 12 weeks).
it may be that you ill need to pay one week of the nottice at full pay even if you drop them to SSP.
(they may not know about it but be prepared if they raise the issue.
Focus the efforts on filling the gap if they were such an important part of the business if you are letting that slip they were not that important.0 -
That definitely wasnt a long story cut short (so I didnt read it, sorry)....0
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