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Forum Home  →  Discussion  →  Conditionality and sanctions  →  Thread

would a sanction apply

splurge
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Welfare officer - Peabody, London

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Total Posts: 94

Joined: 16 June 2010

Hello everyone

I have a client whose employer is questionable in his practices, such as telling them that they wont get holiday pay as he doesn’t have enough money to cover it!

Upshot is that she has had enough and would like to leave, but is concerned about getting sanctioned. I seem to recall that if the employer isn’t adhering to working rights then there is just cause to leave a job. Does anyone know if a grievance has to be taken out first, or if a claimant can just give their notice in writing?

Any advice would be gratefully received.

Charles
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Accountant, Haffner Hoff Ltd, Manchester

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Joined: 27 February 2019

ADM Paragraph K2235 seems to suggest that a breach in the law would be good reason even without going through any grievance procedure.

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Joined: 22 July 2013

Or perhaps at K2251:
Contracts, terms and conditions
K2251 Some employers may show no awareness or interest in complying with employment
law and may not provide anything for their employees such as written terms and
conditions or grievance procedures, not even payslips. It would be for the DM to
consider all the individual facts of the case on its own merits where for example a
claimant leaves paid work because they are given no meal breaks or expected to
work for 12 hours non-stop or don’t get paid on time. If an employer persistently
breaches health and safety law or does not pay an employee the claimant would
have good reason for leaving the paid work.