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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer had a conversation with me on Friday, that he has

Resolved Question:

My employer had a conversation with me on Friday, that he has to terminate my contract of employment due to lack of finances. I know that he should do this on writing with one week of notice, but he didn't that day. Today he has sent me an email saying he confirms my termination of employment on Friday 13 of June 2014.
Should that be treated as a formal notice regarding my dismissal?
I have to mention, that I have never had a formal agreement on paper. I have started my work on 26/08/2013, so I have worked less that a year for this employer, but I had previous employment, so my continuous period of employment for both of them was longer than a year. Can I apply for job sicker allowance?

Kind Regards
Magdalena Biernacka
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a contract that dates what notice period you are due on termination?
Customer:

As I said I have never had a formal contract on paper

Customer:

Can he give me a notice at all when it is not my working day?

Customer:

I emailed me saying : "I wish to confirm your termination of employment on Friday 13 of June 2014 due to lack of finances".

Customer:

Hello are you there?

Customer:

He emailed me...

Ben Jones :

Hi, sorry my connection dropped earlier, have just managed to fix it. Your employer can issue you with notice of termination at any time, whether it is your working day or not. So if you received an email today advising you that your employment is being terminated, that notice can be legally binding and effective. However, he cannot backdate the notice and it should only take effect from the day it is properly communicated to you. The law does not require the employer to issue you with a notice of dismissal in writing and it would also be enough for him to tell you verbally about the dismissal and terminate your employment that way. Therefore, if you were officially told about being dismissed on Friday, 13 June, even if it was done verbally, then that is when the notice of termination would run from. He may have sent you an email to confirm that but the initial notification would still run from 13 June and this email is just a follow up to confirm that.


 


By law you are entitled to receive a week’s notice for working there so you are entitled to be paid for a week’s work from 13 June. Unfortunately you do not have 2 years’ service with the employer to claim unfair dismissal so you cannot challenge their decision and all you can expect to receive from them is all pay up to date, including the week’s notice and any accrued holidays.

Ben Jones :

Hope this clarifies your position?

Customer:

I am entitled to job sicker allowance if I had no full year of service with one employer?

Ben Jones :

Jobseekers allowance does not depend on how long you have worked with an employer - you need to be looking for work and meet other relevant conditions, you can see these here:

https://www.gov.uk/jobseekers-allowance/eligibility

Customer:

I have been employed for 40 per week, but because of financial condition of the my hours has been reduced to 20 per week. Does my holiday entitlement has changed because of that?

Ben Jones :

When did this reduction take place?

Customer:

From 7th of May

Ben Jones :

When you were employed were you specifically told that you are going to have a guaranteed 40 hours per week?

Customer:

Yes

Customer:

I had been guaranteed full time

Ben Jones :

Did you accept the reduction in hours?

Customer:

I said, that I prefer to work part time for time being. I was told it would last not longer than untill October

Customer:

Other way I would get a notice at once, so week commencing 6/05

Customer:

Employer has emailed me proposed working hours and the schedule - about what days

Ben Jones :

If you agreed to the changes then your hours would have changed formally and your holiday from the date the changes were introduced would also be affected. But we are only talking a month's worth of holidays being affected - from 7 May until your dater of termination

Customer:

Thanks for your help.

Customer:

Kind Regards

Customer:

Magdalena Biernacka

Ben Jones :

You are welcome Magdalena

Customer:

Hello Ben.

Customer:

I have tried to rate your service, but it is not active

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46784
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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