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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45349
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I am looking for some advice, I handed in my 4 weeks

Resolved Question:

Hello, I am looking for some advice, I handed in my 4 weeks notice at work which was accepted, one hour later I was called in to the office to talk to the deputy manager, and was not informed that the boss of the entire company was there too, I was told by the boss that because I was going to work for the 'direct competition' my notice would be effective immediately and that I would be hearing from her solicitor, after this I walked out of the office and said that it was a 'joke and pathetic', I was not informed that I was on Garden Duties, as my union representative was informed later that day. My employer then told my union representative that she was going for gross misconduct as I swore at her, and by doing this she can dismiss me, I did not swear at her, This is the first 'offence' that I have ever been accused of at work, I just wondered where I stand.
Thank you
Emma
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. How long have you worked there for?

Customer:

Hi I have been there 18 months

Ben Jones :

Does your contract stipulate a pay in lieu of notice clause?

Customer:

the contract says "The employer reserves the right to pay in lieu of notice"

Ben Jones :

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.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you for your help, it was quite helpful

Ben Jones :

you are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45349
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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