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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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If you have resigned and are on notice. Do you have a right

Resolved Question:

If you have resigned and are on notice. Do you have a right to terminate your contract with your employer with no further pay in lieu if you are being harassed?
Is this the same when you are being paid for notice because you have been signed off by the doctor for work related stress.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. It is indeed possible to terminate in the middle of serving your noise period without having to work the remainder. There are circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect.
This is by the same as being signed off sick because Imid that was to happen you would still be employer and continue to be paid whatever sick pay you are entitled to. The first option terminates your employment immediately.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I am in a senior position and have fallen out of favour, reason unknown to me.

I resigned on 14 May as my position became untenable and have been signed off sick my doctor throughout my 8 weeks notice thus far with work related stress. Notice period ends 13 August. completing 12 weeks

During this time I subsequently won an appeal on end of year rating with 25k bonus attached for 2014. I also have a LTIP worth 55k.

Prior to my resignation I had started exit conversations with the Firm on the basis that I no longer wanted to work in a company where I was not valued following an initial appt with a local lawyer

Within 48 hrs there was an investigation into breach of values and behaviour and the report has resulted in a proposed hearing to determine if discp ( gross misconduct) is found. Due to be held 27 July.

I think the firm is taking this action with a pre-determined outcome. To dismiss me, not pay bonus for 2014 and make void my LTIP.

What I really want to know is if I ask to terminate on grounds of ill heatlh with immediate effect, knowing that will be giving up sick pay until 13 August. What actions can the firm take against me please?

Expert:  Ben Jones replied 2 years ago.
The only time you can terminate without serving notice is in events of constructive dismissal as explained earlier. If you were terminating your employment on grounds of ill health you would still be expected to a work your notice period although in reality it would either be spent on sick leave or be paid to you in lieu of notice. So if you want to terminate it immediately now and use ill health as a reason then technically you would be in breach of contract. However it is very rare for an employer to do anything against the employer in these circumstances. They must show that they have incurred losses as a result of the breach. This is unlikely here as you were on sick leave anyway and would not have been expected to work for the remainder of the notice period so it is not like you would have they would have had to get a last minute replacement to do your work because you had not worked your notice period.
Hope this clarifies?
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