Is this a breach of contract?

KazCos

Hi all, I was wondering if you can help me with something.

My OH has been working in a store for nearly 7 weeks but has wanted to leave to due to them constantly mixing up his hours, changing them without telling him and some questionable management.

He has found another job that starts in 2-3 weeks but his boss is refusing to let him leave his job until some time in November. His contract says he only has to give 1 weeks notice if he resigns.

Is his boss allowed to do this? I hope you can provide some information.

Thanks in advance

Jarndyce

KazCos wrote: »

Hi all, I was wondering if you can help me with something.

My OH has been working in a store for nearly 7 weeks but has wanted to leave to due to them constantly mixing up his hours, changing them without telling him and some questionable management.

He has found another job that starts in 2-3 weeks but his boss is refusing to let him leave his job until some time in November. His contract says he only has to give 1 weeks notice if he resigns.

Is his boss allowed to do this? I hope you can provide some information.

Thanks in advance

No - he is allowed to leave after a week if his contract says that is his required notice.

t0rt0ise

His boss is trying it on. He only needs to give the one week's notice. No way he can tell him not to leave until November.

tizerbelle

It depends what his written statement of particulars (oft referred to as the contract) says. If that says it's 4 weeks notice then that is what he has to provide, whether he signed it or not.

If he wasn't given the statement then he submits his resignation in writing, stating that he provides a weeks notice as required and that his last working day will be - remember notice starts the day after it is given to the employer so if he wants his last day to be a Wednesday he must hand the notice in the Tues of the week before.

There is no need for an employer to accept or confirm a resignation. If you resign, you resign end of - it does not have to be mutually agreed.

How exactly do you think the employer is going to keep OH there till November?

Emmzi

he resigns in writing stating last date will be... and stating he assumes all holiday pay accrued to date will be paid on normal payday, then he leaves.

tizerbelle

Oops missed the bit about the 1 weeks notice in the contract - makes it easier, hand in notice, work notice period then leave.

KazCos

tizerbelle wrote: »

It depends what his written statement of particulars (oft referred to as the contract) says. If that says it's 4 weeks notice then that is what he has to provide, whether he signed it or not.

If he wasn't given the statement then he submits his resignation in writing, stating that he provides a weeks notice as required and that his last working day will be - remember notice starts the day after it is given to the employer so if he wants his last day to be a Wednesday he must hand the notice in the Tues of the week before.

There is no need for an employer to accept or confirm a resignation. If you resign, you resign end of - it does not have to be mutually agreed.

How exactly do you think the employer is going to keep OH there till November?

We're worried that his boss will withhold his last wages.

He has some questionable ways of running the store, e.g making new employees open up and close the shop without a manager present, not allowing an employee to go to the hospital when they had serious pains and threatening to sack them if they did so.
There was also an occasion where he made an employee on their day off come in and cover for him whilst he went on a doctors appointment even though everyone is supposed to give a weeks notice for this. This is just to name a few

McKneff

Is his boss the owner of the company.

KazCos

McKneff wrote: »

Is his boss the owner of the company.

Its a chain of stores but my OH says he owns it so I'm not sure. Its sounds really confusing the way its run.

McKneff

It's possible its a franchise in that case, but as other posters says tell him just to give his weeks notice in writing, and then just leave on the day.

He must pay him, if he's arsey about it, small claims court and sit outside the shop with a placard for a day. (after he leaves of course lol)

Uncertain

KazCos wrote: »

We're worried that his boss will withhold his last wages.

Well if he did that would be unlawful and you would have a cast iron claim to take to a tribunal. OK, it would be a hassle but you would get it eventually.

Don't forget he will have accrued some holiday (unless he has already used it). In round figures that is one day for every two weeks worked. The firm must (at their option) let him take this during his notice period or pay him for it after he leaves.