Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Hi I have been there 18 months
Does your contract stipulate a pay in lieu of notice clause?
the contract says "The employer reserves the right to pay in lieu of notice"
Ok so in this case it is entirely possible for the employer to terminate your employment immediately and pay you in lieu of notice, without having to go through placing you on garden leave. The issue therefore is whether they try and dismiss you for gross misconduct and avoid paying you notice pay or just allow you to go and pay you in lieu of notice.
To be guilty of gross misconduct you must have done something serious enough to justify the immediate termination of your employment. Swearing, violence, etc are all common examples but in the circumstances I understand you did not swear, just voiced your dissatisfaction to what had happened. I would not say this is gross misconduct so you should still get your notice pay.
If the employer refuses to pay you what you are due in terms of notice, then you can make a claim for wrongful dismissal in the employment tribunal and pursue them for the money owed to you for that last month. Any claim must be submitted within 3 months of you leaving.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you for your help, it was quite helpful
you are most welcome, all the best