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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My husband has met with HR intention of them terminating

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my husband has met with HR for the intention of them terminating his contract. After several failed attempts and reasons to terminate his contract, which gave no rise at all to even a warning, my husband felt that he had no choice but to offer his resignation in return for 4 weeks fully paid garden leave(for the purposes of finding another job). This was unanimously agreed by all who attended the meeting.
4 days on he has now received a letter from HR who now have decided to retract their acceptance and state that he has to work the full 4 weeks. If he does not, his pay will be deducted.
my husband has worked for a company for 11 months (12 months 9th feb). He has experienced continuance pay mistakes in his wage month after month and his work refuse to help.
Please advise, do we have a claim for constructive dismissal?
KR
Rebecca
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What reasons did they try and use to terminate his contract?
Customer: replied 11 months ago.
the reasons were;not calling the police when his colleague allegedly ran over a lady in the company van. My husband called for an ambulance and was not driving. While helping the woman, until paramedics attended, the paramedics then telephoned the police and my husband and his colleague waited to give statements. The police did not attend and they both returned to the office to give statements were official statements were given to their line manager.harassment of HR department - this was merely calls to HR (duration of 2 seconds as went to voicemail) trying to sort out why he was not getting paid correctly since commencement of his employment and they owed money. Emails were unanswered and no assistance from company was provided. A greivence has been raised in this regard and pay being in dispute. He got through twice and were pleasant conversations.unauthorised absence - he attended work and refused a job (electrical engineer for door shutters) due to his shoulder being dislocated two weeks prior. A sick note was provided up to the day prior (26th) and for the next 7 days excluding the 28th as couldn't get a doctors appointment in time and he was in great pain. Again no assistance was provided or paperwork completed on behalf of the company in this regard. Not his first injury at work either.KRRebecca
Expert:  Ben Jones replied 11 months ago.
Hello Rebecca, if he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal or constructive dismissal. This means that his employer can dismiss him or force him to leave for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.). I see no evidence here to suggest discrimination though. So I am afraid it is his length of service which makes him ineligible and he cannot claim whether he was dismissed or forced to resign. In relation to the garden leave, a period of garden leave is where the employee is not expected to work their notice period, however they are still employed by the company and are expected to be available to provide their services if required. So being placed on garden leave does not mean that he is guaranteed not to work during the notice period – he may still be require to do so as mentioned above because the employee is still employed by them and is still expected to be available if required. So if he does not work as requested, they can deal with this as a reach of contract matter and not pay him for the days not worked. He could use up his holidays to cover some of these days but obviously that may not be enough to cover the full notice period. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Customer: replied 11 months ago.
Thank you for your reply. I was concerned it would be bad news due to HR in his meeting stating that he would not be able to take action due to the 2 year requirement.is he able to revoke his notice? or be allow time off to secure other employment? or is this a discretionary matter now?KRRebecca
Expert:  Ben Jones replied 11 months ago.
Do you mean if he can just leave without working his notice period?
Customer: replied 11 months ago.
He confirmed verbally he would resign, would he be able to now say he is not leaving the company?If not is he entitled to reasonable time off to seek other employmentKR
Expert:  Ben Jones replied 11 months ago.
Once he has resigned he can only retract his resignation with the employer's consent. So if they refuse to allow it then it would stand. There is no entitlement in law to have time off to seek for alternative employment, unless he was being made redundant which is not the case here. He can try and leave without working his notice period but he would obviously not get paid for the remainder and technically will be in breach of contract. Or he could refuse to go back and work but he could be dismissed for gross misconduct for failing to follow a reasonable instruction. So his options are not great unfortunately 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: 45310
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
thats all, thank you for your timeKRRebecca
Expert:  Ben Jones replied 11 months ago.
You are welcome, all the best

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