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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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My contract has been terminated via email whilst on holiday.

Resolved Question:

My contract has been terminated via email whilst on holiday. I do not have a physical paper contract to check information.
They have stated im to work a weeks notice as from the 29th of May. Im ment to go back to work on Wed 4th of June. My letter then states my working week will the from Tue to Sat. Does the weeks notice start from the 29th while im still on holiday or when they have requested me back? and do I have to work it?
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. can you tell me how long you have been with your employer and are you contesting this dismissal please

Customer:

it has been 7 months and basically they are cutting costs by reducing the wage bill

Ben Jones :

what reason are they giving you for dismissal

Customer:

there isnt an exact reason given. The email is rather unprofessional

Customer:

it says -" This email is to inform you that I will be going ahead with your recommendations to increase the revenue by decreasing the salon wage bill. Therefore I am give you one week notice as from today date 29th May 2014 that we will be terminating your employment services with ourselves Hair and beauty by Danielle Flores Limited. You would be required to work your notice and do a proper handover of all salon business to Mrs Danielle Flores. Your working week will be from Tuesday 02/05/2014 to Saturday 7th May 2014.

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

thank you .

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.


 


Your notice period starts from the day it is issued to you. So if the employer has contacted you and given you notice of termination on 29 May, the week of notice will start from then. It means that your last working day should be the following Thursday, 5 June. It does not matter if you are n holiday or not at the time the notice is issued. It could even be the case that you remain on holiday for the whole notice period of you have booked that and it has been approved. However, if your holiday ends before the end of the notice period you are expected to return to work as normal for that duration and undertake your normal duties during that period. It does not mean that the notice period will start running from the date you return though – if the employer wanted that to happen they would have to have given you the notice on the day you returned as it would have then started to run on that date rather than when you were still on holiday.


 


You would be expected to work the notice, or part of it, if your holidays end before the end of that notice period. However, if your holidays take you over the end of the notice period, you do not have to work any days but you need to check your contract to see if there is a formal requirement for you to undertake any handover duties as you could still be expected to do these before you leave.


 


Hope this clarifies your position?

Customer:

my employer hasn't issued anything official saying they have cancelled my holiday on the 1st of June and my normal days off would be a Monday and Tuesday. Would this letter suggest that my holiday has been cancelled and they have changed my days off?

Ben Jones :

They cannot cancel your holiday once it has been approved, not unless your contract specifically says they can do that. They can reject a holiday request before it is granted but not cancel a holiday once approved

Ben Jones :

Has this clarified things?

Customer:

i think so. I am going to have to approach my employer tomorrow regarding the hours he has said he wants me to work and the days holiday he has dropped and my normal days off which would mean working Wed and Thu. Would I be able to mention that I have seeked advice and this is the outcome confidently?

Ben Jones :

Yes you can mention that and ask for a detailed explanation as to what they expect you to do and how they have come to that decision. But as far as your legal position is concerned it is as described above

Customer:

thank you

Ben Jones :

you are welcome

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