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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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Hi again, I have had a series of emails with my employer regarding

Customer Question

Hi again, I have had a series of emails with my employer regarding my resignation. Whilst I'm contractually obliged to give 3 months notice and potentially work my notice period, am I able to request resignation with immediate effect? His requirements for working my notice period are untenable and I feel trapped
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello, if you resign with immediate effect without your employer's consent then technically you will be in breach of contract.

taratill :

Your employer will not need to pay you notice pay if you resign in this manner. Technically if you are in breach of contract you can be sued for damages by your employer.

taratill :

This would only occur if the employer is likely to suffer a financial loss as a result of you leaving early such as losing contracts or work.

taratill :

It is unlikely that an employer can demonstrate such a loss so this is very much a theoretical risk.

taratill :

If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

JACUSTOMER-fe562gei- : Ok though he initially asked if I meant with immediate effect and I didn't realise what he was implying by this so I said yes. I then qualified my intentions by saying I was happy to work my 3 month notice period to which he's now outlined numerous tasks which I believe would be unachievable for a 3 month timeframe. My worry is that he will withhold my salary if these tasks aren't completed, so I'm wondering if I can reinstate his earlier request of resigning with immediate effect?
taratill :

Hi he is not entitled to withold notice pay if you do not achieve the tasks he sets you. You would be able to claim unpaid notice in the event he did try to do that.

JACUSTOMER-fe562gei- : Even though I've only been there for 6 months?
taratill :

Yes. As I explained before a claim in breach of contract can be brought at any point a contract is breached. It is only unfair or constructive dismissal claims that give rise to a minimum 2 years service.

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