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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have a question regarding my contract. I moved to UK

Resolved Question:

Hi, I have a question regarding my contract. I moved to UK for a job. I got right away the permanent contract without the probation period and bonus for moving to UK - a discretionary signing on bonus. However should I decide to leave the Company within the first 12 months of the start of my employment the full amount of the bonus will be repayable to the Company. My period of notice is 3 months. Can I resign before 12 months of my employment are completed as long as I will leave physically company after these 12 months? I.e. I started end of October 2013 and if I note the company that I want to leave in August/September, with 3 months of notice period I will be leaving in November/December so after 12 months.
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. Does your contract say that your employment can be terminated by paying you in lieu of notice?

Customer:

Hello Ben

Customer:

So I checked and yes it does say

Customer:

In the TERMS AND CONDITIONS OF EMPLOYMENT

Customer:

You may receive payment in lieu of notice if we request that you do not work all or part of your notice period. This does not apply if you are dismissed for gross misconduct. Any payment made in lieu of notice is subject to tax and National Insurance deductions.

Ben Jones :

Generally, you would be able to do what you suggested but the clause you have allow your employer to ask you to leave immediately and pay you in lieu (which means instead of) notice. So you could resign in month 10 of your employment, thinking you have 3 months notice and working hat would take you over 12 months. However, the employer can rely on that clause, pay you the equivalent of your 3 month notice period and terminate your employment immediately. In that case you would have left in month 10 and would not have 12 months service when your job terminates. So that is the risk you run if you were to resign before you have reached the 12 months with this employer

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

Customer:

Hi Ben, thank you for your help. I understand now my situation much better.

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