Legal threat from agency HR

[SueEllen]

If you are permanent the answers are as follows:

Questions-
1.)Can they sue me over unserved notice period of just 1 month?

Yes they could but most companies don't bother because it's not financially worth their while unless you are a senior executive earning millions.

2.)Can they with withhold my p60 and p45?

No they aren't legally allowed to however:

1. In the case of the P45 complete a P46 when you get a new employer, and,
2. In the case of the P60 you do keep copies of your wage slips for the entire financial year until you get your P60 and not just chuck them in the bin? If so then you have nothing to worry about.

3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.

Just tell them in writing i.e. email to that you view their behaviour as harassment and to leave you alone.

In theory you can take action against them but there is no point.

Lots of employers take revenge by either:
1. Refusing to give a reference as you don't have a legal right to one, or,
2. Giving a bad reference but companies have been sued for doing that, or,
3. Being truth and giving an completely honest reference making sure they clearly state in it you left with no notice.

[cojak]

no, its one of those body-shopping agencies.

Then they cannot give you your p45, you don't work for them you work for your Ltd company.

And if you say you don't have a limited company then you MUST be a permie working for your agency EMPLOYER.

If that's the case then we can't really help as we're contractors. But I wouldn't have thought they can refuse to let you go or else you'd have to stay with them forever.

[Wanderer]

1.)Can they sue me over unserved notice period of just 1 month?
2.)Can they with withhold my p60 and p45?
3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.

the answer is no to all these questions. If they do withhold your P45 then you just say you don't have one and fill in form P46, simples.

I suggest that you simply refuse to enter into a debate with the previous agency/employer. Just blank them and ignore their threats unless they actually start legal action (which isn't likely - it's probably just bluff and bluster).

[sbakoola]

The problem these days is that for contractors companies prefer to have agencies give contractors references rather than the end client that they worked for; so I tend to keep on good terms with all the agencies I've ever worked for. This is a neat trick that end clients use to stop getting sued for giving out bad references etc.

One guy at my investment bank who had an operation recently was lied to at the interview (roped into a naff contract); he had an operation recently and took some recovery time off; he just pulled a massive sickie to go to his new role rather than resign so he didn't have to give notice !!!!!!!! I still think that he hasn't officially resigned from his old role leaving the manager clueless. He'll never work there again but there again .. would he want to .... my advice... pull a sickie for the last week or so at the end of the contract so you can go to your new one with a reduced waiting period for your new contract or pull a sickie on the day you get the money transferred to your account, there is some risk in that the agency you are currently with will turn sour doing this but what are they going to do ? protest or file a legal claim against you saying that 'you fell ill' ??? I think not..

Hang on re-reading your post .. you are a contractor are you ? I've had problems resigning from permie jobs before with people getting arsey; made me feel like a MUG so I never went back and its contracting all the way for me.

[BolshieBastard]

have resigned from an agency and said cannot serve notice period, but offered to interview and find replacement and train new person over weekend, out of work hours. HR refuses to compromise,refuses to meet me out of hours, respond to phone calls, sends me legal threats repeatedly to return to work, sue my new employer etc..Questions-
1.)Can they sue me over unserved notice period of just 1 month?
2.)Can they with withhold my p60 and p45?
3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.

Sorry but I cant make head nor tail of this. Are you a contractor or permie? If you are a contractor, point them in the direction of the MOO clause in your contract (if you have a MOO clause).

If you are a permie, sorry, havent the foggiest.

no, its one of those body-shopping agencies.

WTF is one of them and how does that affect your situation!?

[Sid]

WBPS, especially P45 or P60.

Are you talking about an umbrella rather than an agency?

no, its one of those body-shopping agencies.

[cojak]

WBPS, especially P45 or P60.

Are you talking about an umbrella rather than an agency?

[BrilloPad]

have resigned from an agency and said cannot serve notice period, but offered to interview and find replacement and train new person over weekend, out of work hours. HR refuses to compromise,refuses to meet me out of hours, respond to phone calls, sends me legal threats repeatedly to return to work, sue my new employer etc..Questions-
1.)Can they sue me over unserved notice period of just 1 month?
2.)Can they with withhold my p60 and p45?
3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.

1. I think your resignation counts as notice. To sue they have to prove loss. You are doing the right thing by offering to compromise. **if** they sue it will count strongly in your favour. make sure you keep full notes. they are incredibly unlikely to sue - it is just not worth it. of course it partly depends on what your contract says.
2. p60 and p45? Are you contract or permanent? If contract they dont apply. If permanent they cannot.
3. no

[Sockpuppet]

have resigned from an agency and said cannot serve notice period, but offered to interview and find replacement and train new person over weekend, out of work hours. HR refuses to compromise,refuses to meet me out of hours, respond to phone calls, sends me legal threats repeatedly to return to work, sue my new employer etc..Questions-
1.)Can they sue me over unserved notice period of just 1 month?
2.)Can they with withhold my p60 and p45?
3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.

1) No.
2) No.
3) Don't be silly this is not America.

[Sid]

have resigned from an agency and said cannot serve notice period, but offered to interview and find replacement and train new person over weekend, out of work hours. HR refuses to compromise,refuses to meet me out of hours, respond to phone calls, sends me legal threats repeatedly to return to work, sue my new employer etc..Questions-
1.)Can they sue me over unserved notice period of just 1 month?
2.)Can they with withhold my p60 and p45?
3.)Can I sue them back on charges of harassment and bullying?I have all email correspondence of HR's legal threats.