Work Promised but Not Delivered

jazabelle

fiisch wrote: »

Employer's reply....
We do feel we are responsible for your debt and will not be considering any form of compensation.

Does he mean he doesn't feel responsible? What an idiot.

fiisch

jazabelle wrote: »

Does he mean he doesn't feel responsible? What an idiot.

Kingfisherblue: Thankyou. I do hope no one saw that! I wouldn't want anyone else gaining employment with such a wonderful company!


Jazabelle... I am presuming he did mean that, although such a typo could prove a little costly... what a plank! As you can see from the grammar in the reply, I'm not exactly dealing with the brightest of employers....

terra_ferma

Have you thought of trying a no-win no-fee solicitor? I know someone mentioned them in relation to employment cases.

I believe the claim that they could have sought alternative employment at any time not very strong, as a contract is a two-way commitment and your gf could have been (in theory) sued for loss of earnings if they lost a contract because they were unable to fulfil it.
Also a zero-hour contract is becoming common practice in the industry, so that's what they should have offered from the beginning if they knew they may not have enough work for full time.

Good luck with you case, keep us informed.

fiisch

Dear Ravi Patel,

I would strongly disagree that you advised me to take a job elsewhere, and that I was aware of the possibility of not taking on full-time hours on completion of my CRB check. Indeed, had I been aware of this fact, I would not have taken on my role with Dodgy Care Ltd. I appreciate Dodgy Care is still not delivering care to customers, but I was not forewarned of the possibilities of such extreme delays. Indeed, any allusion to this is not made in my contract, which promises a full-time working week from 8th August 2009.

I acknowledge that I did work one shift a week for the past four weeks, and I have included this in my calculations for compensation, along with wages earnt elsewhere during my time with Dodgy Care and Jobseeker's Allowance. I believe I have been fair in my calculations, and have estimated the figures in your favour.

I will return the key to 12 Clueless Crescent at the next available opportunity. Am I to understand this as termination of my contract?

As for your closing statement: "We do feel we are responsible for your debt and will not be considering any form of compensation" I am surprised you are not considering compensation if you do indeed feel responsible for my situation. I will be seeking further legal advice and will update you in due course.

Yours Sincerely,

Mrs Fiisch

The above is my reply. I have sought legal adivce as per Terra Ferma's suggestion and simply put our case is not big enough for solicitors to take on a no-win-no-fee basis. However, they have been very helpful and have suggested we do have a case and to take it to an enmployment tribunal.

Bare in mind, in care, there is the requirement of a CRB check which takes upto 2 months, which makes seeking alternative employment a less attractive alternative. I am furious she has been treated this way, and at the very least want to disrupt his activities as he has treated his employees in a disgusting fashion.

At the very least, I have learnt my lesson from this saga and note that an interview is a two-way process.

fiisch

UPDATE: Employer paid out £700andsomething to compensate lost earnings. Accepted the offer due to current financial situation and girlfriend now has several interviews lined up and has managed to gain more hours from her current bar job. Result! Very easy, always worth a moan!

EDIT: How very rude of me. Thank you to everyone who contributed to this thread - was all very helpful!

jdturk

fiisch wrote: »

UPDATE: Employer paid out £700andsomething to compensate lost earnings. Accepted the offer due to current financial situation and girlfriend now has several interviews lined up and has managed to gain more hours from her current bar job. Result! Very easy, always worth a moan!

EDIT: How very rude of me. Thank you to everyone who contributed to this thread - was all very helpful!

Good to hear a happy ending and not one going to court, nice to see it settled.

Well done and good luck

kingfisherblue

Thanks for the update fiisch - and good luck to your GF in her interviews