Employment Lawyers Can Answer Your Employment Law Questions
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?
So I checked and yes it does say
In the TERMS AND CONDITIONS OF EMPLOYMENT
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.
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
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
Hi Ben, thank you for your help. I understand now my situation much better.