Work Promised but Not Delivered

HO87

I am still confused!

Even though I believe the letter is unlikely to succedd in this format if you are determined to send it then post it. Don't use email.

I would remove the following highlighted sections:

Dear Ravi Patel,

I have been under contracted employment with Dodgy Care Ltd. since the 8th of August 2009. The terms of my contract dictate that I am entitled to full-time hours, albeit subject to reasonable amendments to suit business needs. The actual employment delivered has been far removed from the original terms offered, and I feel that you have breached the contract, and that our working relationship has not been mutually beneficial. I believe that the handful of hours I have been given during training and one shift a week for the last month has been far from “a reasonable amendment”. I also believe that you have deliberately misled me and my colleagues by promising various start dates on which you have [STRIKE]consistently[/STRIKE] failed to deliver on.

On attending the interview for the role, you informed me that employment would commence on the successful return of the CRB check. I appreciate the difficulties of starting a business, but I have now patiently waited for six months to begin work, having successfully completed my CRB on the 8th October 2009. [STRIKE]My fledgling career has been stunted by Dodgy Care Ltd., and I believe that other potential employers may view me less favourably due to a period of inactivity.[/STRIKE]

Due to this, I have found myself [STRIKE]massively[/STRIKE] out of pocket, and have accrued [STRIKE]massive[/STRIKE] debt whilst waiting for you to offer me the employment under the terms set out at the start of the contract.

I feel my position is now untenable and have been forced to consider alternative employment. I find this particularly frustrating as I turned down other job offers on commencing employment with Dodgy Care Ltd. After seeking independent advice, I am writing to claim my losses, which I [STRIKE]cautiously[/STRIKE] estimate at £2,300. The details of how I arrived at this figure are detailed below.

If I have not received an offer to compensate my losses by the 15th March 2010, I will issue a county court claim against you.

Yours Sincerely,

Mrs Fiisch

I repeat, is this what ACAS recommended?

fiisch

Thanks, have altered the email, poised to send..... Yes ACAS advised this. They said she had a strong case - they asked me to read sections of the contract and asked what work had actually been delivered etc... I did ask if it needed to be posted but they said as long as it was written it was ok (email included). I was surprised by this but they assured me that an email carries as much weight as a letter.

HO87

Even if you attached a read request to the email the recipient can opt not to send it and proving that the intended recipient read it can be difficult. Sending by recorded delivery is good for proof that it has been received and read - should push come to shove.

Emmzi

recorded delivery. always. I agree with HO87's edits.

what does the contract say about crb checks delaying start? do you have anything in this regard in writing?

fiisch

Emmzi wrote: »

recorded delivery. always. I agree with HO87's edits.

what does the contract say about crb checks delaying start? do you have anything in this regard in writing?

No mention - the contract states start date as 08.08.2009, but I've conceded that he did set out in the interview that she could not start work til the CRB had come back. I suppose I could have pushed for wages back til then but I didn't want to be unfair!!

getmore4less

fiisch wrote: »

No mention - the contract states start date as 08.08.2009, but I've conceded that he did set out in the interview that she could not start work til the CRB had come back. I suppose I could have pushed for wages back til then but I didn't want to be unfair!!

You may have a problem taking this further if the employer does not cough up.

by using the 8th October 2009 date you are now outside the 3 month window for ET claims for non payment of wages.


http://www.employmenttribunals.gov.uk/FormsGuidance/makingAClaim.htm

HO87

fiisch wrote: »

No mention - the contract states start date as 08.08.2009, but I've conceded that he did set out in the interview that she could not start work til the CRB had come back. I suppose I could have pushed for wages back til then but I didn't want to be unfair!!

It is a common misapprehension that the "contract of employment" is what we are all handed in writing. This is incorrect. What the OP's gf was given was the Terms and Conditions of her employment but the whole contract is also made up of what was said at interview and any offer letter as well.

fiisch

Employer's reply....

28.02.2010

Dear Mrs Fiisch,

Thanks for your email dated 27th February 2010 regarding your demand for compensation.
You were told last year you are welcome to take other jobs elsewhere, until you start with Dodgy Care full time. Other members of staff appointed during same period took duties elsewhere as a result of not starting with Dodgy care as expected. They were not prevented to do take jobs elwhere. You were also fully aware of the situation and also were not prevented from taking jobs elsewhere. As far as i am aware you are working elsewhere which you told me yourself.

The offer of employment with Dodgy Care is based on availability of working hours according to work load we hold and referrals we receive from West Sussex County Council. This was explained to you during Interview. As you are aware Dodgy Care is not yet providing services to any clients.


You were offered work duties with Dodgy Care in order to support you. This opportunity of working additional hours was offered to you only not to any other staff .This was also based on Dodgy Care giving you an opportunity to develop yourself and be more involved .As a result you worked once a week.


Dodgy care have invested money and other resources for training and induction programme on yourself .All training courses were paid by the company also paid staff attendance.

The company is currently running at a lost due to being a new company and trying to establish itself. It has all the expenses of that of a running company except without any income.

Can you please return the Learning disability book that was lent to you?

On Friday 26th 2010, I noticed the back door was opened .I have reported this to the police. In the mean time can you please return the key i gave you to the side door to the property immediately 52 Dodgy Crescent.

We do feel we are responsible for your debt and will not be considering any form of compensation.
In the meantime you are welcome to take further action as you wish.


Yours Sincerely

Ravi Patel

A very professional reply I'm sure you will agree... Am formulating a reply now. Some of what he says is not true - the terms of employment were NOT laid out in the interview, and it was NOT explained that the hours gained by the business were proportional to the hours she would work.

I am also interested by his demand for the return of the keys - am I to understand this is termination of her contact? In which case surely we have him for unfair dismissal? As I see it we have nothing to lose have been treated appallingly by Dodgy Care Ltd., so will pursue it all the way to a small claims court. If we get nothing fair enough, but as we feel right now I would like to at the very least disrupt his activities and force him to see that the way he is treating his employees is unacceptable.

Mrs Fiisch has been in contact with another person under contract with Dodgy Care, and she feels the same. They've been messed about no end and it is rediculous that an employer feels he can treat his workers this way. It has been a gross injustice, and I'd like to throw a legal brick....

kingfisherblue

Third line down - I think you have included the real name of the firm. Just wanted to let you know so that you can edit it

DCFC79

Shouldnt have left it so late to do anything about it,