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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47365
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My employer has been in finical dificulity time.

Resolved Question:

My employer has been in finical dificulity for some time.  This has resulted in the late payment of salary and failure to pay pension contributions over a period of several months. As my job involves overseas travel i am entitled to a payment for expenses when traveling, these have also been late by several weeks.  It has also been generally difficulty in making arrangements for child care due to the late confirmation of travel details.  Sometimes I have been required to travel without confirmation of my return travel arrangements due to the company not paying the supplier.
Therefore I have sought other employment to provided a more secure finacial future for my family.  My contactual notice period is 6 months.  Due to the finicial insecurity I wish to terminate my employment contract early.  Would I have sufficient grounds to this?
My salary has been paid late for several months in succesion.  This is often without any information from the company or on occasion misleading information regarding when we will be paid. This has inturn led to some short term financial difficulties.
The company has failed to make the required pension payments for several months. No information was provided by the company regarding this.
I am required to travel overseas regularly. As a result of this I am intitled to a calculated daily payment to cover expenses. These have been more than £1000 and several months in arrears, and is currently still several weeks in arrears.
Some advice on this matter would be appreciated.
Regards.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Do you have a specific question about this ?
Customer: replied 1 year ago.

Would i have sufficient grounds to terminate my empoyment early?

Expert:  Ben Jones replied 1 year 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.
As you may be aware, if there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. Also the employer has to show that actual losses have been incurred and often that is not easy to do. So whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.
However, 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'. There are certainly a number of factors in your case which you could use to argue for constructive dismissal and leave straight away. The non-payment of salary, delays in other payments, etc are all breaches of contract which you may use in your favour. Whatever you do, it would not be without its risks though because even if you have valid grounds to leave early the employer is still entitled to challenge that and if necessary take the matter further. So even if you would have a valid defence in the end you may still have to go through proving that before it is decided in your favour. Nevertheless, this is the best argument you would have at this stage to make it clear to the employer that you are going to leave without honouring your notice period and that you are treating yourself as having been constructively dismissed.
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
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Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered 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. Thank you

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