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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45389
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a statement of terms which says I need to give 1 months

Customer Question

I have a statement of terms which says I need to give 1 months notice to resign.
I am about to go annual leave from Wednesday until the new year.
My employer hired someone else to do my job whilst I was on holiday earlier and wants to change my role and pay me less money.
I have worked there for 6 months, can I give 1 weeks notice from Wednesday as I don't accept the new position and reduced salary and I wasn't consulted?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Also, my original office has been cleared whilst I was on holiday and my employment terms etc have seemingly disappeared.
This is the second time they have hired someone in my absence and without my consultation but the last lady went to work elsewhere last minute.
Customer: replied 1 year ago.
As I plan to start my own lettings business via a franchise and will be operating in my local area, am I obliged to tell my employer? Will I be on fully paid gardening leave for my months notice?
There is no covenant in my terms preventing me from doing this and they specifically stated my current job was in a different town so they could poach me from my previous employer and have me start ASAP.
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. firstly have you discussed this with your employer please.
Expert:  Ben Jones replied 1 year ago.
You are free to resign at any time and whilst you would generally be expected to serve the notice period required under contract, there are circumstances when that may not be necessary. The relevant example to your case is when the employer has breached the contract first and it results in the whole contract, including the notice term, being void. That could allow you to resign without having to serve the contractual notice period, although you would be expected to resign with immediate effect rather than giving a shorter notice period. You would also state that you are treating yourself as having been constructively dismissed. You would not be paid for the notice period in that case.
If you decided to give them the notice period required by you, then there is no guarantee that you will be placed on garden leave – they could require you to work through it as normal, although any pre-approved holidays should be honoured. You are not obliged to tell them of your plans after you leave them.
I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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.
Hi Ben
Apologies for the delay, I'm getting ready for work!!
This place has caused me no end of stress. I attach a few emaills to show how bi-polar the directors can be, praise one minute, criticism the next. You never know where you are with them, it isn't just me, morale is very low whic is why I want to leave.
Unfortunatley I've deleted my reply but in a nutshell it was sayng how I've been pushed from pillar to post over the last couple of months, more recently working alone upstars in an office with no heating and from an old laptop and my personal laptop. It felt like punishment.
So do you think I could just email my resignation at 5pm on Wednesday, leave the keys and my car cleaned and parked somewhere safe?
I have been too busy to calculate my fuel expenses for the last two months, I'm guessing they wouldnt pay it anyway?
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 delays.
Expert:  Ben Jones replied 1 year ago.
Hello again, you could use these factors to resign with immediate effect and not have to serve your notice period. As long as you have followed the submission rules for the expenses you should still get these reimbursed. Hope this clarifies?
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.
Customer: replied 1 year ago.
Hi Ben, I don't suppose you could advise on the best, ***** ***** to word my resignation letter?
I hate to cause a scene and just want them to accept my weeks notice to leave before it causes me anymore stress.
Expert:  Ben Jones replied 1 year ago.
Hi this would be classified as an additional service as it will be drafting of a document, I can give a quote for this if needed?
Customer: replied 1 year ago.
Ha you sly fox! Of course it would, well it doesn't hurt to ask for a quote I suppose :-)
Expert:  Ben Jones replied 1 year ago.
Done, let me know of you wish to proceed thanks
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45389
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 again, you can produce a resignation letter as follows: (you can fill in the blanks where I have typed X)
Dear X
I wish to submit my resignation from my position as X, effective from the date of this letter. I wish to point out that I treat myself as having been constructively dismissed due to breaches of contract on your part. Specifically I am referring to the recent changes to my role and the reduction in salary. Other factors include the way I have been treated in general, such as the clearing of my office whilst I was on holiday, employing a replacement for my role and moving me to an isolate place of work with no heating. Together, these incidents are a breach of contract and specifically a breach of the implied terms of trust and confidence, which have put me in a position where I have no other option but to resign under constructive dismissal.
Whilst I understand that I am obliged to give a month’s notice contractually, due to the constructive dismissal the contract I have with you is no longer valid and as such this clause no longer applies. I am however, willing to give a week’s notice as of the date of this letter, so my last date of employment would be X.
[if you want to add anything else, such as details about returning company property then you can include them in here]
Customer: replied 1 year ago.
Thank you Ben
i think I may have missed the boat however as I received the attached email just now.
Can I still claim constructive dismissal as they seem to have sent this to cover their back for just this type of thing?
I am making myself ill with all this stress, I really don't know where I am and realise now that it is a deliberate tactic of theirs.
Expert:  Ben Jones replied 1 year ago.
Hello, constructive dismissal could be for a number of reasons - this specific issue may be something which they have not yet introduced and as such may not ave amounted to a reach. But to be honest if you leave in breach of contract by not having given the required notice period, it is very rare for employers to take any further action. They can only do so if they have suffered losses as a result of your breach and in the circumstances it is unlikely and even if that was the case the amount of losses will probably not be worth pursuing through court. So there will be a very small risk if you were to leave early but it will be negligent
Customer: replied 1 year ago.
Hi Ben,
Me again. I'll be uploading my director's response to your letter in which he accepts my resignation.
That would mean he agrees to the reason, ie constructive dismissal doesn't it?
He goes on to say that during my notice period and afterward, I'm still bound by the terms and conditions, in my statement of terms (which were removed from my desk when my office was cleared in my absence), namely the confidentiality clause.
Surely though, none of it applies as he's accepted my resignation and my reason for it?
Maybe he just copied and pasted the standard response?
Not that I plan to contact every landlord of his, but if I happen to bump into a couple of them in morrisons whom I know well and throw my new venture into the conversation, can he take action?
I'll upload it in a while.
Thank you in advance though if you are able to reply without reading the response.
Kay
Customer: replied 1 year ago.
Please find attached, the Director's response to my resignation letter.
Customer: replied 1 year ago.
Hi Ben,
My boss has emailed to say he will be contacting all of the local landlords in my area on their books tomorrow.
Am I allowed to ask what they are being contacted for and what they will be told?
As I'm not allowed to contact them it seems unfair that he can when there is no one else in the office tomorrow.
If I find out he has said untrue things about me like I've been sacked, what can I do?
That would seriously damage my reputation and future plans.
Kay
Expert:  Ben Jones replied 1 year ago.
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks
Customer: replied 1 year ago.
I should have asked if my 20% discount applies!!!!
Expert:  Ben Jones replied 1 year ago.
Hello, I am not sure about any discounts - I have no dealings or even access to your account so this is a customer service issue which you need to raise via***@******.***
Customer: replied 1 year ago.
That's fine, it's been applied, did you get the other question?
Expert:  Ben Jones replied 1 year ago.
Yes, just responded to it

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