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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I've sent a question yesterday but need more help today. I

Resolved Question:

I've sent a question yesterday but need more help today. I am about to resign my job today (contractor base) and would like to know if there is a formal way to ask my current employee that I resigned (letter, etc)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello does your contract state a specific way to resign?
Customer: replied 1 year ago.
not at all.i started at this job in June£17 pounds x hour
6-8 hours x day
4-5 times a week
1 year minimum stay
2 months noticeI've not being paid...
Customer: replied 1 year ago.
yesterday or colleague said that I don't need to comply with the notice period under this circumstances, do you agree?
Customer: replied 1 year ago.
sorry, did you get my previous text?
Expert:  Ben Jones replied 1 year ago.
It is correct that if you are not being paid then the employer is acting in breach of contract and as such the whole contract could become void. That means the notice period clause in it would also become void and you could terminate the contract with immediate effect and quoit having to serve the notice period. So a letter could simply state that as you are not being paid as per the terms of the contract out would like to terminate it with immediate effect due to the employer’s serious breach of contract. Also mention that any notice period would not be enforceable as the whole contract has now become void and its terms are no longer applicable. Hope this helps
Customer: replied 1 year ago.
it helps indeed. would you strongly recommend that I take a letter? I have a good relationship with my employee and would like to friendly end things.
Customer: replied 1 year ago.
I will bring a letter and ask her to sign. If she refuses.... What should I do?
Expert:  Ben Jones replied 1 year ago.
Yes bring a letter. She does not need to sign it you just hand it in. If she refuses to accept your position then it is for her to pursue this but it is highly unlikely she will actually go to the courts over this
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46238
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 1 year ago.
Thank you!!!

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