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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Further to my previous question -

Resolved Question:

Hi, Further to my previous question - http://www.justanswer.co.uk/employment-law/9997o-ben-question-notice-period-start-date.html I have now tried the post and feel that it’s not suitable for me, hence I will be notifying my employer of it soon. As I will
be informing the employer on the last day of the trial, I am mindful that the employer might not come back to me, with an acknowledgement on the same day so I have following few questions. 1) As it will be my last day in Manchester, do I have to go to work
the following day? I am hoping to travel straight back to London after handing in my notice via email. (Offices back in London have now closed) 2) Also I would imagine they would like to negotiate, can I ask them to email me, if I don’t feel comfortable discussing
face to face at that time. 3) Furthermore where do I stand if I were to send a notice email after I leave office at 5 PM on the last day of my trial? 4) Lastly I want to make sure that they pay me accurately after I leave, especially around payment in lieu
of notice. If they don’t, where do I stand and what steps do I and can I take? 5) I have drafted a notice email below if you can kindly review and let me know, if you think it is appropriate or should I take out or include something further to it! Thank you
for you help. ************************* Subject: Notice Dear Sirs, Please accept this email as notice, as I feel the post in Manchester is not suitable. I would appreciate if you can come back with an acknowledgement, the details of the final payments (outstanding
pay, unpaid expenses, redundancy pay, bonus, payment of accrued but untaken annual leave, payment in lieu of notice and the date it will be in my account etc.) I would also like to take this opportunity to thank you and everyone that I have had work with.
Regards xxxxx
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. On the notice period and pay in lieu point what does your contract say about notice?
Customer: replied 1 year ago.
1) from you or the Employer to terminate your employment shall be three
Calendar months.
2) Also we reserve the right to pay you in lieu of all or part of your notice period.
Expert:  taratill replied 1 year ago.
The problem with the pay in lieu of notice is that if you do not work your notice and are not willing to do so they have no legal obligation to pay you notice. Where an employer 'reserves the right' to pay in lieu this would only happen in the circumstances that the employer decides they do not wish you to work your notice. If you choose not to work your notice then there is no obligation on the part of the employer to pay you.
I realise that this is quite pivotal to your entire situation, essentially you can leave whenever you want and there is no obligation to go back but if you do not give 3 months notice (with the intention to work the notice) then there is no right to pay.
If you do decide to leave immediately then there will be no problem with corresponding by email.
The other issue is that technically you will be in breach if you are not prepared to work notice and if the employer is likely to suffer a financial loss a a result of the breach you could be sued for the loss in breach of contract. It is unlikely that this will be the case but it could happen in the event the employer cannot fulfil an order if you leave early.
If you have any further questions please do ask.
Customer: replied 1 year ago.
Hi,Sorry, I should have expanded my situation first.The company I work for relocated from London to Manchester, hence most of the staff was made redundant.I, at that point decided to do a statutory 4 week trial for the role in Manchester. (Which as you would know doesn't affect my redundancy rights)It is that trail that I feel has been unsuccessful, hence I will be notifying my employer of that, at the end of trail.I understand after an unsuccessful trail all the therms of my role in London will apply.Obviously, I am happy to stay around for 3 months notice but there is no office in back London and because the position in Manchester will be deemed unsuitable. I understand they can't make me stay there if I don't want to.
Expert:  taratill replied 1 year ago.
Hi sorry I hadn't realised it was a trial period in a redundancy situation.
In those circumstances you would not need to continue working in manchester. At the end of the trial period you can reject the role and claim redundancy and notice pay.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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