Constructive Dismissal: Question

[Simebaby]

Hi All

Just after a bit of advice on behalf of a friend who runs his own business:

Today one of his employees has left, and stated he is looking to take him to a tribunal(?) for contructive dismissal. The reasons he gave are:

Agreed hours were 40 hr/wk - he is working on average 45.
He drives a company van with 2 bald tyres - these have not been fixed.
He has no time for breaks between jobs - he's too busy.
He says that he was promised 22 days holiday PLUS bank holidays - my friend says he was promised 22 days holiday INCLUDING bank holidays).

The two main points I'd like views on are:

The only thing he's actually mentioned to my friend is the bald tyres - he's not mentioned any other problems until today.

He doesn't actually have a written contract of employment, so no agreement for anything has been signed between them. He says they have a verbal contract, now I thought the old adage of "not worth the paper it's written on" was true here (well, verbal contracts are valid - but they are VERY difficult to prove).

Thanks to anyone for your views / experience. The advise given here will not be used in a court of law.

 

[Simebaby]

A lot depends on how long said employee had been with the company. If he had been there a while he should have been given a contract of employment, so your friend could be in trouble because of that too.

He's been there about 16 months-ish, I think. He also said that they guy has ALWAYS been working 45 hours a week, so the hours haven't changed recently (if that has any bearing on it) - so I don't know if that muddies the waters.

The bald tyres is black and white, and my mate is in the wrong - but could he be compensated for contructive (unfair) dismissal for that? (Ignoring H&S aspects).