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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If somebody gives his notice to leave his current place of

Resolved Question:

if somebody gives his notice to leave his current place of employment,
and doesn't keep a copy of the notice letter he gave to his old employer,
and the old employer now denies being given notice, is there anyway to prove he was given notice and therefore should pay the employee his final months pay?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How exactly was notice given and was it acknowledged on any way?
Customer: replied 2 years ago.

Hi Ben

Thanks for responding so soon.

I wrote that I'd like to give my notice that I no longer wish to work for the company on a work PC, printed it and gave it to him. He read it, asked why I'd like to leave. I explained it was for financial reasons and he said fine, and asked me to leave immediately (I work in sales where I believe this is common practice)

he was sitting with the Ops Director and I was alone so I have no witness so I now don't know to to prove he breached the contracted by not paying my months notice.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Many thanks for your patience. There is unfortunately no guarantees way of proving that you submitted your resignation and were asked to leave. It could be just your word against the employer’s. As you can imagine if no direct or documentary evidence exists you cannot make that up just to be able to show that your side of the story is correct. So you will have to work with whatever is available. In the absence of anything at all it is just your word against theirs. If the employer is refusing to pay you as you are entitled to then you can make a claim against them to pursue the amount you are owed.
When it comes to assessing factual disputes, where it is essentially one person’s word against another’s, the courts have developed certain tests that would be applied that would help them decide how much weight to attach to each side's evidence. As a general rule, the following are some of the more widely used tests:
• Demeanour - includes matters such as a person’s conduct, manner, bearing, behaviour, delivery and inflexion. They are matters of impression, which are not necessarily revealed by reading a transcript of evidence. It is the more 'personal' side of the individual providing the evidence
• Inconsistency – mainly to do with any apparent inconsistencies in a person’s evidence
• Probability – this would ask of the evidence as a whole, or of a particular part of it: whose account is more probable in the circumstances?
So the courts will apply these or other similar tests in coming to a decision that they believe is fair in the circumstances. That does not mean it is factually the right one, but what has been judged to be the fairest outcome based on all available information.
In the circumstances and the absence of written evidence it is the best you can do and hope that your side of the story is more believable and you come across better.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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