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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I hve got termination for my employment that will start on

Resolved Question:

I hve got termination for my employment that will start on comming Friday on 7th of February due to current and future workload which is not redundancy. Is this is correct?
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.

Ben Jones :

How long have you worked there for?

Customer:

since 2nd April 2013

Ben Jones :

Do you have a contractual notice period?

Customer:

its 3 months in my employment contract

Ben Jones :

Have you been given this notice period?

Customer:

yes and it will be started from comming Friday 7th Feb 2014 and without any risk period

Ben Jones :

If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). So the employer is not required to formally use redundancy as a reason or conduct a redundancy procedure – they can simply decide you are no longer needed and issue you with your notice period to terminate your employment. Even if this was redundancy you would not be entitled to a redundancy payment as you also need 2 years’ service for this.


 


If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period, because unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. However, as you have confirmed that you are being given your notice period, this is not an issue here.

Customer:

But they asking me to not working with any other employer during this 3 months notice and I will get my salary for 3 months as normal every month on the same date as normal for 3 months. is this are correct?

Ben Jones :

Are you going to continue working for them during that period?

Customer:

its listed in their notice. Also, they listed that I will remain an employee of the company during my notice period.

Customer:

but I will not be in the offices

Ben Jones :

So you will be on garden leave by the looks of it. Is there a garden leave clause in your contract?

Customer:

Yes its garden leave. But its not listed in my contract. Just listed 3 months notice for each party to terminate the contract

Ben Jones :

An employer should only really place you on garden leave if they have the contractual right to do so, otherwise it could amount to a breach of contract. So you could challenge them on that point and state that you should either be allowed to work your notice period as normal or you should be released with immediate effect and paid your notice period in lieu.

Customer:

If they not accept be allowed to work my notice period as normal and not accept also to be released with immediate effect and paid your notice period in lieu, can I work as normal with any other employer during this period?

Ben Jones :

potentially yes but if they find out they could refuse to pay you your notice period as a result, which means you then have to pursue them to try and recover that

Customer:

But can I take them to employment tribunal?

Ben Jones :

only for the failure to pay you the notice due

Customer:

ok thanks

Ben Jones :

You are most welcome, all the best

Ben Jones and other Employment Law Specialists are ready to help you

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