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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47377
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am taking my company to an unfair dismissal tribunal. My

Resolved Question:

I am taking my company to an unfair dismissal tribunal.

My contract stated: “Written notice to be given by the Company to the Employee will be one week within the first month of employment and one month thereafter during the Employee’s first 5 years of continuous service. On completion of 5 years’ service, the Employee will be entitled to receive one weeks’ notice per completed year of service up to a maximum of 12 weeks notice after 12 years of continuous employment.”

Within an email they told me I would be getting one months notice and so I emailed them back saying: "On" 5 years of completed service (which it is) the employee is entitled to one weeks notice per year of service (which is 5)."

They replied saying: "although we do not agree with your statement as a gesture of goodwill we are prepared to pay you 5 weeks notice instead of 4. Please indicate your acceptance of this"

Q. Is it wise to not accept a gesture of good will from them pending a tribunal? (even though they are wrong). I have the instinct they are trying to score favour in the eyes of a tribunal.

I want to reply a simple one line saying "Statutory rights regarding notice periods entitle me to 5 weeks notice"

Q. Can you please confirm that statutory rights for a notice period entitle me to 5 weeks notice for 5.5 years service?

Thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Hi Ben :)

Ben Jones :

You are indeed correct that the statutory notice period you are entitled to for 5.5 years' service is 5 weeks. This is a legal right and the employer cannot disapply it, regardless of what the contract says

Ben Jones :

You simple need to remind the employer that you are legally entitled to receive the 5 weeks and it is not a question of goodwill

Ben Jones :

The tribunal will know this so this will not be seen as them scoring any bonus points

Customer:

So strategically - am i right in not wanting to "accept" this as a gesture of good will? or shall i just humour them and say thanks.

Customer:

oh ok thanks

Customer:

so i dont need tell them that they have their heads up on their pedistall

Customer:

will just keep it short and sweet

Ben Jones :

Just be factual and don't engage in any unnecessary dialogue - say that you are accepting this payment because it is what you are legally entitled to and that any offers of goodwill in the circumstances are misconceived

Customer:

perfect - thanks again

Ben Jones :

No problem

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