How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46210
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

before I went on holiday my employer verbally agreed that I

Customer Question

before I went on holiday my employer verbally agreed that I could extend my notice by two weeks and I was added to the rota on return I had received a letter to say they weren't going to do this which has left me unemployed until I start my new post can they do this
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. can you tell how long you were employed there and how long was your notice period please

Customer:

I had been employed in the company 2 years but at that home 1 year I gave one months notice then it should have been extended

Customer:

regards sue

Ben Jones :

Thank you for getting back to me.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. I have a meting this afternoon so I will get back to you with my advice on how to proceed this evening regards ben.

Customer:

thank you

Customer:

regards sue

Ben Jones :

Hi sorry I frgot to ask you earlier - does your contract guarantee you work whilst you are employed by them? For example do you have fixed hours/shifts or is your employer free to choose the amount of work that you do? Thanks

Customer:

I was contracted for 36 hours very often did more

Customer:

Regards sue

Ben Jones :

If your employer agreed to extend your notice period, even if this was done verbally, it could certainly amount to a binding agreement, which you can try to enforce. With this extension, in the absence of any other agreement, you would have expected to work your contracted hours for the whole duration, which in your case would have been 36 a week. So in effect you are missing out on 72 hours of work because the employer has decided not to honour their agreement. This would amount to a breach of contract and you can pursue them for the money for the hours you should have worked. The issue is if there was no proof that this is what was agreed and it could end up being your word against theirs. It would then come down to the courts to determine who is likely to have been telling the truth. Obviously legal action should only be seen as a last resort so you should try and resolve this directly with the employer first before you resort to that. You may make your position clear in writing to them, and advise them that you are even considering taking legal action, hopefully that will prompt them to reconsider their position.

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

Customer:

Hi I have a copy of the off duty which clearly states I was rotered on for the two weeks in question this was re written whilst I was on annual leave

Customer:

Regards sue

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46210
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Ben I send my ex employer an email and have received a response below



 


I reviewed this situation with Martin & Emma, it would appear that there is a difference of opinion on this matter. Your notice extension was not subsequently agreed and your employment terminated on the initial date you gave. No further payments will be made.


 


I wish you well in your new role.


 


Kind regards


Mary


 



___________________________________________


Mary Kelly


Regional Manager


DDI: 01753 314175


Mobile: 07788 283743


 


Porthaven Care Homes Group


1 High Street, Windsor, Berkshire, SL4 1LD


Tel: 01753 314314, Fax: 01753 314333


 


www.porthaven.co.uk



 




From: *****@******.*** [mailto:*****@******.***]
Sent: 05 October 2014 16:46
To: Mary Kelly
Cc: Martin Rogerson
Subject: re extended notice




 




Hi




Mary I have now taken legal advice and the verbal agreement from Martin to extend my notice by two weeks is binding so in effect as I’m contracted to work 36 hours per week I have missed out on 72 hours work because Martin has decided not to honour this agreement. This would amount to a breach of contract and I entitled to be paid for the two weeks work I have missed out on.




Please reply within the next 7 days as to how you would like to proceed.




I have attached a copy of the off duty with my duties shown clearly for the passed two weeks before it was re written whilst I was on annual leave.




Regards Sue Taylor





 




Sent from Windows Mail




 






______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________




______________________________________________________________________
This email has been scanned by the Symantec Email Security.cloud service.
For more information please visit http://www.symanteccloud.com
______________________________________________________________________

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10609
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions