How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46773
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

My contract stipulates that there is a mutual right of myself

Resolved Question:

My contract stipulates that there is a mutual right of myself and the employer to terminate my employment at 3 months' written notice. I have resigned on Friday and have not yet provided written notice, although I can still do so - my resignation was accepted and I was told not to come into the office on Monday (i.e. no need to work the notice period). Does the fact that I resigned, rather than being terminated, compromise my right to receiving salary for the 3 months' notice period? Secondly, it is important for my career prospects going forward that it is recognised that I resigned rather than being terminated by the company, so I am keen to ensure that this is documented accordingly - am I right in assuming I should provide written notice of resignation in order to do so? Many thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.

It is a 12 month contract (9 Dec 14 to 9 Dec 15) and I have worked 10 months of the 12 months. During the latter 6 months (post probationary period) the written notice to be provided by both sides is 3 months.

As such I would be content to received the salary up to the end of my contract period (2 months) as it is not clear whether the 3 months' notice should run beyond the end of the contract period.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The fact that you have resigned, instead of being terminated, does not affect your right to get paid for your notice period. You are entitled to the notice period regardless of who initiated the termination and the only time you would not get paid is if you refused to work through that period. However, in this case you were ready and willing to work and it is the employer’s decision not to require you to work through that period. So they will still be obliged to pay you as normal even if they do not want you coming in to work. If you have a 3 month notice period then that would be 3 months in total, regardless of whether it goes beyond the end of the contract or not, so you should still push for the full 3 months.
As to your second query, it is indeed recommended that you follow up your verbal resignation with a letter to confirm that it was you who had submitted a resignation to terminate your employment, rather than the employer issuing you with notice of dismissal. You would then have a document in writing which shows that you were the one who had submitted notice of resignation.
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 1 year ago.

Many thanks. Is there any urgency to get the resignation letter in first so that the employer cannot make it appear that they terminated me, or does my resignation letter still hold in the event they first send me notice of termination and I refer back in my letter to my verbal resignation on Friday 16 October? In particular I am planning to send a text to my boss now to confirm he is happy for me to lodge my resignation letter with HR tomorrow - I think this will be helpful in demonstrating that I am following the due and proper process, but I also do not trust him not to use this as a heads-up and somehow spin this against me. Does sending the text now also count as evidence on the record of my resignation? Grateful for a swift response if possible.

Expert:  Ben Jones replied 1 year ago.
Hello again, technically the employer could try and argue that you had not followed the contractual requirement of giving the notice in writing, however they have accepted the resignation so that could now overrule this requirement. However, I suggest you still follow it up tomorrow with a letter. So if they try and give you termination now you should remind them that you already have a resignation accepted and that would be legally binding even if it was not in writing. I they did not want it to stand they should have rejected but that did not happen. I would try and avoid text messages as for evidential purposes letters or emails are better so try and use these methods if at all possible. 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
Customer: replied 1 year ago.

Hi, I submitted the letter and the resignation was accepted. However, the employer is only offering to pay the notice period until the end of the term of contract (i.e. the 2 months) rather than the full 3 months' notice period. You say above that the 3 months' notice should be valid even though it goes beyond the end of the contract - how robust is this analysis? Are there specific laws that I can refer to in pushing for the 3 months?

Expert:  Ben Jones replied 1 year ago.
This is not down to any laws - it is contractual law, this is common law, not based on legislation. If a contract states that it has a specific notice period on termination then that notice period must be honoured, even if it goes over the fixed term of the contract. If the employer wanted you to leave at or before the end of the contract then they should have timed the contractual notice so that it ends on that date, however if it takes you over the end date the employer would still have to honour the contractual notice otherwise they would be acting in breach of contract. 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
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46773
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year 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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11030
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    672
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    24
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.
 
 
 

Related Employment Law Questions