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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47426
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I gave my employer written notice on 25th May and stated my

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I gave my employer written notice on 25th May and stated my last working day would be 30th June. This is one week over their required 4 week period. This ensured smooth transition between current company and new company. It also ensured I was entitled to AL for the month of June. My employer has now stated my last working day will be 25th June and I will not be entitled to AL for month of June (AL calculated on full month). Is my employer allowed to terminate my contract before the date I stated I would be leaving?
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. Did they initially accept your leaving date?
Customer: replied 2 years ago.

I submitted this in writing, verbally discussed this and at no time was it indicated this was not acceptable. They are actually making me unemployed between the 25th and 30th June. I'm losing AL for the entire month of June because they are terminating my contract on the 25th June rather than the 30th June.

Customer: replied 2 years ago.

Hi Ben

Did you get my response? I submitted resignation in writing had a discussion with line manager and the date of the 30th June was not questioned. I have now received a letter stating it will be the 25th June

Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
From a legal perspective I am afraid the employer has not done anything wrong here. You are contractually obliged to give a specific notice period (1 month in this case) and that is that you would be expected to submit if you were resigning. You are free to propose a longer notice period but that would only become binding if the employer has accepted it. Not indicating that they oppose to it is not the same as an acceptance – they must have actually confirmed that they accept the longer notice period. This did not happen in this case – initially they did not say anything about acceptance and eventually they rejected it – as there was never an acceptance the employer is entirely free to reject your proposal and hold you to your contracted notice period.
Employees cannot dictate the notice period they give an employer, otherwise they could choose whatever period they want an hold the employer to it – that is not what the law has intended. You have a contracted notice period and that is what applies – if you want a longer or shorter notice period that can only happen with the employer’s consent. If they do not give consent then your proposal will be rejected an you will be bound by your contracted notice period.
As to the holidays, you would still continue to accrue holidays up to the last day of employment – it is done on a daily basis, not a monthly one. So the fact that you are leaving 5 days earlier than you had hoped for does not mean you will lose out on a month’s worth of holiday accrual, it is only the holidays that would have accrued over 5 days which are negligible.
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.

Thanks. Not the answer I was hoping for. I should just have given the notice next week that would have taken me up to the 30th but I thought I was doing the right thing, being fair with my employer letting them know as soon as possible.

Regards

Expert:  Ben Jones replied 2 years ago.
I fully empathise but legally you are not in a position to ask for what you wish to happen in this case. I understand the employer is acting somewhat immorally but sadly it is not unlawful.
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
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