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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I handed my resignation in today. I'm one week off six months

Resolved Question:

Hi I handed my resignation in today. I'm one week off six months employment. My contract states 4 weeks notice from either side. There is a separate clause that states I'm on a probationary period of up to 6 months and I can be dismissed with one weeks notice if my performance is deemed unsatisfactory. My employer is saying I'm only entitled to work and be paid for one week. Can they do this?
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. Are there any performance issues on your side?
Customer: replied 2 years ago.
No. Nothing has ever been raised with me about my performance, in fact the owner of the company wanted me to take on a more senior role in relation to the promotion of his business and I was mentioned recently in the staff newsletter in respect of client satisfaction
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues last night and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Looking at the wording from your contract, you and the employer have to give each other 4 weeks’ notice if you wanted to terminate your employment. As you mentioned there is a clause which allows the employer to terminate your employment in the initial 6 month probationary period by giving you a week’s notice. However, from what you have said this would only apply in circumstances where your performance was deemed unsatisfactory. It is not a general right where they can give you a week’s notice at any time during your probationary period – they must be able to show that your performance is in fact unsatisfactory. If they cannot actually show that this applied then terminating your employment with a week’s notice would amount to breach of contract and what is known as ‘wrongful dismissal’. You would then be able to take the matter further to the employment tribunal to seek compensation for the remainder of the notice period owed to you.
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.
Hi Ben and thanks for your response. I've been in touch with them and I'm at home awaiting instruction from them about whether they want me in the office or not as I'm joining a direct competitor.
They are sticking to their guns by saying that I am on a one weeks notice as I am on probation despite the one week dismissal clause being for unsatisfactory performance.
They want me back in the office as I have work to finish. Is it advisable to go in if I want to make an unfair dismissal claim or would it reflect better on me if I show that I am willing to work my four weeks notice?
Or if I go in does that assume acceptance of their one week notice period?
Expert:  Ben Jones replied 2 years ago.
Going in to work does not amount to an acceptance of the shorter notice period as long as you make it clear to them that you have not accepted. This Simpy means sending them a letter stating that is the case. So write to them and state that you are willing to work as required as you re still employed by them but that doing so does not amount to an acceptance of the shorter notice period and that you maintain you are still entitled to 4 weeks' notice, so if they are forcing you to accept the shorter notice period you are working it under protest
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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Customer: replied 2 years ago.
Thanks for all your help Ben, I'll follow your advice and will certainly recommend your service, best wishes

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