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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46731
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If I have handed my resignation to my employer and they have

Customer Question

If I have handed my resignation to my employer and they have accepted on the day I gave it to them and I carried on working that day, the next day I went to work to be told in front of other employees that I was being put on garden leave,a there is no clause in my contract about garden leave, I was told by my employer that is what happens when people resign. I was never asked why I as leaving, neither where I was going to work, I am accounts manager, and I am not going to work for a competitor. I took some advice yesterday and sent an e-mail to my employer that as I have been put on garden leave that I wish to leave their employment on 30th April, which is where I am paid up to although I am entitled 10days holiday pay, I have asked for this and my P45, can you tell me if the above is acceptable
Regard
Gill Everett
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. Do you actually wish to get payment for the notice period you are due?
Customer: replied 2 years ago.
I only want my holiday pay that's due to me no other payment, but my new employer want me start sooner than the 11th May which is when my notice had ended
Customer: replied 2 years ago.
I am just asking if I am entitled to my holiday payment and that I am ok to start my new job earlier. Should I have been given reasons why I was put on garden leave, I dont understand why I was put on garden leave y job was to enter purchase invoices onto sage and reconcile statements.
Expert:  Ben Jones replied 2 years ago.
It is possible to claim that you have been constructively dismissed and that would enable you to terminate your employment with immediate effect. Constructive dismissal occurs when an employer commits a fundamental breach of contract, which makes the whole contract void and brings the whole relationship to an immediate end. So for example if they have sought to enforce garden leave when no such counterfactual clause existed it could be a breach of contract, allowing you to claim you have been constructively dismissed and leave with immediate effect. You would be entitled to receive payment for all hours worked up until the day you leave and also any accrued holiday pay – these are not dependent o0n you leaving early – they are due to you anyway. You will not get payment for any remainder of the notice period which you have not worked so if you leave today you can only expect pay up to this date.
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
Customer: replied 2 years ago.
Thank you for your reply, so in your opinion I am ok to start my new job on Tuesday as I have not had a response to my e-mail requesting my employment ending on 30th April, if I do not receive my holiday pay and P 45 can I ask you to act on my behalf. I did ask them to send this to me by Friday 1st May
Expert:  Ben Jones replied 2 years ago.
You should cover your back by contacting them again and stating that you are treating yourself as constructively dismissed and that your employment actually ends on 30 April - don't ask them, tell them.
Unfortunately we cannot act for clients via this site as the rules prevent us from doing so but you do not need legal representation for this, it is a relatively straightforward matter and you will likely spend all the money you are owed and even more on legal fees so there is no need to waste it on lawyers
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46731
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.
Thank you Ben your advice has been of great help I have sent an e-mail to inform them that I am leaving and treating myself as constructively dismissed. If I have any further questions if I get a response. Can I ask if they do not respond to my e-mail shall I take it that are not interested, because as I know from working there do long my boss does not respond to e-mails as he cant be bothered. If you could let me know what I should do that would be great
Regard Gill
Expert:  Ben Jones replied 2 years ago.
If they do not respond then leave things as they are, there is nothing for you to do, your employment would still terminate when you advised them it will

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