Originally posted by prettygreeneyes26
does anyone know what action I can take about this company?
I would really love to do something about this.
Depends on your length of service and the circumstance in leaving.
With regards the reference, you can use the authority of ‘Kidd v AXA Equity & Law Life Assurance Society’ which states:
‘’The only duty on the employer is to take reasonable care not to give misleading information not to make selective provision of information, or
make comments which would give rise to a false or misleading inference in the mind of the recipient’’.
Translation: The Company may refuse to provide a reference as a matter of Company policy, however, if it does provide a reference, it must be a true
and accurate reflection of the honesty, integrity and performance of the individual. It must therefore be able to back such information up with
internal appraisal records and the like.
With regard your service, you may look at your implied term to provide a ‘duty of faithful service’, and therefore state that your contract was
broken by means of unreasonable management instructions to which you were no longer willing to carry out. (I don’t know how long you were there or
the nature of your resignation and these two points are critical to any constructive dismissal or fundamental breach of contract case). But if I have
been told to break the law or mislead the public / defraud, then I could resign and claim constructive dismissal using the PDA below to back up my
claim and protect me.
However, if you are contractually bound by an agreement not to disclose such details of employment, (such as the insurance details), be careful you
are not in breach. A confidentially clause can extend for several weeks / months after employment has ended. This will be under a garden leave clause
of sorts in your T&C. Although, if the law was broken, or the company was operating illegally, you can use the Public Disclosure Act (1998) commonly
referred to as the Whistleblowers Act (ss43A – 43C of ERA).
With regards the wages, you can look at ‘unlawful deduction of earnings’ under section 13 of the ERA, 1996, which provides only two scenarios
under which the employer may deduct wages from you:
1. Authorised by statute or provision in worker’s contract, (i.e. NIC, tax etc);
2. The worker has given the employer their prior written consent to make such a deduction.
Again, I don’t know the condition of your main terms and conditions of employment, so you need to look at the conditions of which your employer can
deduct and whether you have agreed to this in writing.
You have resigned so you must look for work to offset any losses rather than thinking any future compensatory award will cover this.
If, however, you have less than 1 years service and have voluntarily resigned, you can only make sure you get a ‘reasonable’ reference whilst
getting your wages sorted out. With the insurance issue, I am sure some newspaper would like to hear the fine details of such operation! Or raise a
formal grievance complaint to HQ – you can raise a grievance after you left the Company, but timescales are tight!
Good luck, and use ACAS for a free and impartial employment law advice.