One for an employment lawyer..
Discussion
Until a few days ago I worked for a food retailer.
From about last Saturday we became absolutely overwhelmed by the public crowding in and panic-buying, and quite frankly I became disgusted and totally stressed-out with the actions of some people falling over each other to get as much as possible for themselves.
I worked long hours, often in a confined environment, with around twenty other staff, and I was required to handle cash as a matter of course. By Wednesday the situation had deteriorated further and I was becoming more and more nervous about exposing myself to this virus. I'm in my sixties, and therefore in a slightly higher risk group, but my main focus is protecting the health of my family, and especially that of my 90+ year-old father-in-law, who currently lives on his own and is visited every day by my wife who is his sole carer.
The stress became too much and I resigned my post midweek, by email, with immediate effect, citing the reasons above for leaving.
My contract states that I should provide a month's notice to quit, which clearly I haven't done. Can my (now ex) employer take action against me for breach of contract, bearing in mind the current exceptional circumstances? I won't suffer financial hardship by quitting, and I'm certainly not looking for another job. All I want to do is try to protect my loved ones in the best way I can.
From about last Saturday we became absolutely overwhelmed by the public crowding in and panic-buying, and quite frankly I became disgusted and totally stressed-out with the actions of some people falling over each other to get as much as possible for themselves.
I worked long hours, often in a confined environment, with around twenty other staff, and I was required to handle cash as a matter of course. By Wednesday the situation had deteriorated further and I was becoming more and more nervous about exposing myself to this virus. I'm in my sixties, and therefore in a slightly higher risk group, but my main focus is protecting the health of my family, and especially that of my 90+ year-old father-in-law, who currently lives on his own and is visited every day by my wife who is his sole carer.
The stress became too much and I resigned my post midweek, by email, with immediate effect, citing the reasons above for leaving.
My contract states that I should provide a month's notice to quit, which clearly I haven't done. Can my (now ex) employer take action against me for breach of contract, bearing in mind the current exceptional circumstances? I won't suffer financial hardship by quitting, and I'm certainly not looking for another job. All I want to do is try to protect my loved ones in the best way I can.
Plastic chicken said:
Until a few days ago I worked for a food retailer.
From about last Saturday we became absolutely overwhelmed by the public crowding in and panic-buying, and quite frankly I became disgusted and totally stressed-out with the actions of some people falling over each other to get as much as possible for themselves.
I worked long hours, often in a confined environment, with around twenty other staff, and I was required to handle cash as a matter of course. By Wednesday the situation had deteriorated further and I was becoming more and more nervous about exposing myself to this virus. I'm in my sixties, and therefore in a slightly higher risk group, but my main focus is protecting the health of my family, and especially that of my 90+ year-old father-in-law, who currently lives on his own and is visited every day by my wife who is his sole carer.
The stress became too much and I resigned my post midweek, by email, with immediate effect, citing the reasons above for leaving.
My contract states that I should provide a month's notice to quit, which clearly I haven't done. Can my (now ex) employer take action against me for breach of contract, bearing in mind the current exceptional circumstances? I won't suffer financial hardship by quitting, and I'm certainly not looking for another job. All I want to do is try to protect my loved ones in the best way I can.
In answer, probably. In the current situation I doubt it’s high on their list of priorities. From about last Saturday we became absolutely overwhelmed by the public crowding in and panic-buying, and quite frankly I became disgusted and totally stressed-out with the actions of some people falling over each other to get as much as possible for themselves.
I worked long hours, often in a confined environment, with around twenty other staff, and I was required to handle cash as a matter of course. By Wednesday the situation had deteriorated further and I was becoming more and more nervous about exposing myself to this virus. I'm in my sixties, and therefore in a slightly higher risk group, but my main focus is protecting the health of my family, and especially that of my 90+ year-old father-in-law, who currently lives on his own and is visited every day by my wife who is his sole carer.
The stress became too much and I resigned my post midweek, by email, with immediate effect, citing the reasons above for leaving.
My contract states that I should provide a month's notice to quit, which clearly I haven't done. Can my (now ex) employer take action against me for breach of contract, bearing in mind the current exceptional circumstances? I won't suffer financial hardship by quitting, and I'm certainly not looking for another job. All I want to do is try to protect my loved ones in the best way I can.
You are I presume claiming constructive dismissal as a result of the breach of your health and safety requirements on the part of your employer on two grounds. The first being a requirement to handle money instead of requiring card only payments to be made to minimise your exposure and secondly to not enable you to take time off to self isolate (I know not the circumstances of whether you asked etc)...
hutchst said:
There is no supporting evidence for any of those presumptions in the post.
I suspect the number one best way to make sure the Company has zero sympathy with this person's predicament is to come at them with a fabricated compensation claim.
CD means no notice period. Not compensation, but a shield. HTHI suspect the number one best way to make sure the Company has zero sympathy with this person's predicament is to come at them with a fabricated compensation claim.
The chances of a supermarket suing a checkout employee or supervisor or similar for giving short notice would be low at the best of times. Now they are practically zero. The employer could in theory seek to obtain an injunction to prevent the employee from taking another job before the end of the one month notice period, but in practice the employer would be unlikely to do so, and it would in any event take a good chunk of the month to get the matter into court. The employer would have difficulty in showing that the employee's resignation in breach of contract cost the employer anything. The employer could probably replace the employee the next day, as plenty of people have lost their jobs recently and would take the risk of working in a supermarket with a bunch of crazy customers who are ignoring sensible advice.
Breadvan72 said:
The employer could in theory seek to obtain an injunction to prevent the employee from taking another job before the end of the one month notice period, but in practice the employer would be unlikely to do so, and it would in any event take a good chunk of the month to get the matter into court.
Given the current guidance, it will take a lot more than a month........ Let alone spending the cash to do so given the OP's job (no offence OP!).OP here. I don't want to be too specific, but I don't (didn't!) work for a supermarket, it was an independent food retailer. I have absolutely no desire to sue for constructive dismissal or to look for another job. I'm just glad to be able to spend my time quietly at home until this thing subsides.
Plastic chicken said:
OP here. I don't want to be too specific, but I don't (didn't!) work for a supermarket, it was an independent food retailer. I have absolutely no desire to sue for constructive dismissal or to look for another job. I'm just glad to be able to spend my time quietly at home until this thing subsides.
I am simply noting that your defence to any such claim brought against you (which will not be brought in any event nor would it even get to court before your contractual notice period has expired) was CD. Namely their failure to protect your H&S.You could have remained employed but refused to work at that time to protect H&S of yourself and others and you should have also been protected but that ship has sailed.
An order for specific performance of an employment contract is not impossible, but such an order is only granted in very rare cases, for reasons I need not bore you with here, the current case not being one of those cases. A notice period can sometimes be enforced by a negative restraint, but that tends to happen in the case of highly paid employees with long notice periods, not employees on a month's notice. OP, worry not.
Plastic chicken:
You walked out on your job several days ago.
In that time, you haven't heard anything from your (now previous) employer (at least, you haven't mentioned any contact from them.)
Right now I suspect that they have much bigger concerns than you no longer for them, to deal with, and I suspect they don't really care (in fact, you may have saved them from having to make a tough decision concerning your future employment)
So, you're gone, they don't care - Move on with your life!
You walked out on your job several days ago.
In that time, you haven't heard anything from your (now previous) employer (at least, you haven't mentioned any contact from them.)
Right now I suspect that they have much bigger concerns than you no longer for them, to deal with, and I suspect they don't really care (in fact, you may have saved them from having to make a tough decision concerning your future employment)
So, you're gone, they don't care - Move on with your life!
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