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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been given a weeks notice and a final leaving date,

Resolved Question:

I have been given a weeks notice and a final leaving date, my contract states that i should have 1 calander months notice, i acknowledged the terms in the letter and informed them my contract states that i should receive pay in lieu of notice, on advising
my employer of this in my letter, they issued another letter after receiving my acknowledgment saying there was a clerical error and i need now to work this notice and changed my leaving date and insisting i now work my notice, can they legally change my leaving
date of which they gave me 3 days notice
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
Is there any reason you cannot work the notice?
Customer: replied 2 years ago.
i did inform them that i have interviews etc and possibly temporary work lined up,they said if i get other work they will terminate my employment then and pay me until then and also allow time of for interviews but i do not believe the will work as i work away most days but can they legally change my leaving date on a whim after me informing them my contract says that they can ask me to leave early and pay me in lieu of notice
Customer: replied 2 years ago.
Has my last question been sent, not sure, my grievance is that they gave me a formal letter and only when i told them what my contract stated they decided to change it without any appologies but they made a mistake and I have to adhere to it, I spent 5 days setting up interviews etc, surely a formal notice of termination cant be changed once i have acknowledged it
Customer: replied 2 years ago.
My final day on the original letter was to be tomorrow, i dont want to finalise anything until i know where i stand, are you able help me
Expert:  Ben Jones replied 2 years ago.
Hello, my colleague has decided not to continue with this question so I will help you instead. You could argue that the employer’s initial notice is binding, especially if you had relied on it to make other arrangements. For example, if you genuinely thought your last day would be earlier and had arranged interviews or other work on that basis, then they should honour it. However, if you did not alter any of your plans and their original notice was genuinely issued in error, they could change that as long as they spotted their mistake at the earliest opportunity and advised you accordingly. Mistakes do happen and if you had not relied on that notice to make other arrangements then it may be considered unreasonable on your part not to go and work your full notice period., This is what a tribunal may look at if you were to take your case to them to try and claim payment in lieu of notice for the remainder of your notice. I suggest you try and agree on some amicable solution, such as working part of the notice or working around the dates you cannot make but if it comes to it and they refuse to pay you the remainder of your notice then you can only take this to the employment tribunal and as mentioned they would look at why the original notice was changed and if you had relied on it to alter your arrangements.
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 have already informed them i have appointments and interviews set up for most if next week. They say they will give time of to attend these but as i work away this would not work, they have refused another colleague in the same position time of today for an interview
Expert:  Ben Jones replied 2 years ago.
You cannot be forced to attend work so you would either leave as originally agreed and risk not getting paid for the remaining notice period or attend and have issues with the interviews, etc. If you are not paid that is where you could make a claim for wrongful dismissal to try and get that pay but you would need to pursue the claim in the tribunal If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - 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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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