URGENT LEGAL ADVICE!!

[rainbow]

My cousin started work for a new branch of a large company and he is still in his probation period, everything started off well and the manager praise him etc..however business is not doing too well and they cut everyones hours, yesterday my cousin went into work, the first thing his manager told him was from today onward our company new rule is if you cant handle your workload without help of others then you need to write in to say that you wish to resign as the company will not fire you. To me,that was really harsh the fact that the company don't want to used him but make him say that he wants to leave..Should he go ahead and write the letter or should he make them give him a written notice to say why he should leave.

Many Thanks

[DulwichFox]

I would advise him not to resign.

That may affect his benefits ???

Let them fire him.

They will need to give a reason.

'Handle his workload without help of others' ??

If he is in a probation period, is he getting training ??

Does he have a contract laying out what is expected of him. ??

Tell him to hold on in there.

Fox.

[paragon]

Sounds like a case for constructive dismissal. You can't force people to resign, if they are not good enough they should go through formal disciplinary procedures and then be sacked.

It is difficult as he is probationary period so I believe they can get rid of him anyway without real reason.

[LadyDeliah]

Tell him to join a union. They offer free legal advice and support for paid up members.

[Undisputedtruth]

I concur with LadyDeliah's suggestion in joining a union. Your home insurance policy may have a legal helpline. ACAS also offers advice on current employment legislation.

http://www.acas.org.uk/index.aspx?articleid=1650

[Huguenot]

There's a mix of issues here, but I agree that a union would in general help with legal enquiries.

However, in this case since he is still in his probation period, he almost definitely hasn't got a hope of retaining his job through legal activity. That doesn't mean he has to resign (and he shouldn't do so, because of the potential impact on his welfare options).

Even a union when faced with inevitable job cuts will opt for a 'LIFO' solution - last in first out. That means he'd be one of the first for the chop with or without a union.

I hope nobody thinks this is an 'us against the fat cats' scenario. It sounds to me that by cutting hours first, and only then looking at cutting headcount, this company is doing its best to keep as many people in employment as possible.

By the sounds of this, and the bollocks spoken by the 'manager' that his experience is more impacted by having an idiot boss talking bollocks rather than company policy.

Remember, no amount of union belligerence can save a business that is failing, they can only accellerate its demise.

[Undisputedtruth]

Huguenot Wrote:

-------------------------------------------------------

> There's a mix of issues here, but I agree that a

> union would in general help with legal enquiries.

>

> However, in this case since he is still in his

> probation period, he almost definitely hasn't got

> a hope of retaining his job through legal

> activity. That doesn't mean he has to resign (and

> he shouldn't do so, because of the potential

> impact on his welfare options).

>

> Even a union when faced with inevitable job cuts

> will opt for a 'LIFO' solution - last in first

> out. That means he'd be one of the first for the

> chop with or without a union.

>

> I hope nobody thinks this is an 'us against the

> fat cats' scenario. It sounds to me that by

> cutting hours first, and only then looking at

> cutting headcount, this company is doing its best

> to keep as many people in employment as possible.

>

> By the sounds of this, and the bollocks spoken by

> the 'manager' that his experience is more impacted

> by having an idiot boss talking bollocks rather

> than company policy.

>

> Remember, no amount of union belligerence can save

> a business that is failing, they can only

> accellerate its demise.

What is this word 'accellerate', Hugo? Must be the Singapore spelling of accelerate.

Anyway, I'd put the ball in the manager's court by asking if the workload is reasonable based on the cousin's work experience and what steps he can take to improve his performance such as training and mentoring. Managers are obliged to use such remedies before dismissal and resignation becomes an issue. If the workload is unreasonable then it becomes possibly a Health and Safety matter. But as Hugo has pointed out his length of service is an undermining factor.

edited to remove 'would'.

[rainbow]

Thank you all for your time and advice.I think my cousin is going to give in, he is going to leave his job as he is not a confrontation person and feels that he can't cope with the stress of all the hassles but I suggested to him that he should not write in to resign even if he decide to leave.Since the company don't want to give him anything in writing then nor should he. Agreed?

[Saffron]

If he actively resigns his job, his JSA will be affected. You can still claim a lesser form of JSA if you resign, but only after some delay. Maybe he should check with the Job Centre?

[Undisputedtruth]

Rainbow,

It all depends on what is written on his contract of employment. If his contract says that he is required to give written notice in order to resign. Otherwise he would be in breach of contract.

The Jobcentre will disallow his contribution based JSA for up to 26 weeks unless he has just cause for leaving his last job. At the same time he could receive a reduce rate of income based JSA during the period of his disallowed contribution based JSA. The problem here is that the Jobcentre would expect your cousin to take reasonable steps to protect his employment such as seeking training, mentoring, etc. It's a difficult one as I understand how stressful the matter can be for your cousin.

If your cousin really can't face the confrontation then a written notice, with reasons for leaving, given to the employer.

[Undisputedtruth]

Disputes and conflict in the workplace

[Undisputedtruth]

Constructive dismissal

Note the part where it says avoiding jumping the gun when handing in a resignation.

[Huguenot]

Agreed with UDT - under no circumstances should your cousin just not turn up.

If he wants to retain his JSA it must be clear that the employer made the decision, not him.