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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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I have been given 4 days notice from my job. I was advised

Resolved Question:

I have been given 4 days notice from my job. I was advised yesterday (13th April ) that my last day of employment is Sunday 17th April. I have been offered a position with another employer who is awaiting a 2nd reference. I have not put my notice in with my present employer. Where do I stand legally?
Submitted: 9 months ago.
Category: Employment Law
Customer: replied 9 months ago.
I was advised that the waiting time was 8 minutes - help please
Customer: replied 9 months ago.
When I asked what notice I would need to give I was told 2 weeks
Customer: replied 9 months ago.
Someone did try to type talk but seems to have disappeared - help
Expert:  taratill replied 9 months ago.
Hello my name is***** am a solicitor and I am happy to help you today. How long have you worked for the employer for?
Customer: replied 9 months ago.
Hi Jenny I have worked for them since October 2014
Expert:  taratill replied 9 months ago.
Hi Sandie, are you asking if they should have given you more than 4 days notice?
Customer: replied 9 months ago.
In law as far as I understand they have to give at least 1 weeks notice . I have not had notice in writing only verbally
Customer: replied 9 months ago.
I am not prepared to pay any more money at present
Expert:  taratill replied 9 months ago.
yes that's right. Statute law requires a weeks notice to be given. Normally this should be given in writing. If you are asked to leave without adequate notice then you can claim wrongful dismissal against the employer. Why have they given notice?
Customer: replied 9 months ago.
Apparently because they know I will be leaving anyway and it's better for the business if it is sooner rather than later
Expert:  taratill replied 9 months ago.
Right so is this because they know you have been offered a new job? When does the new employer want you to start?
Customer: replied 9 months ago.
I asked if I was being sacked and was told "no" but what else would you call it?
Expert:  taratill replied 9 months ago.
ok but when is the new job due to start?
Customer: replied 9 months ago.
They are awaiting my 2nd reference so no date yet
Expert:  taratill replied 9 months ago.
ok thanks, ***** ***** is not entitled to do this. You cannot claim unfair dismissal as you do not have adequate service (you need at least 2 years service to bring this claim). Your employer can therefore give you notice to terminate but this should be at least a week. If this is not given to you the you can claim the 'wrongful dismissal' which is compensation for the failure to give correct notice. You can raise a written grievance about this with your employer and say if you are not paid correct notice you will raise early conciliation with ACAS and then raise a claim in the employment tribunal. I believe if you raise a grievance they will do it correctly. If you have any further questions please do ask. If I have answered your question please take the time to rate my answer as I am not otherwise paid for answering your question. Thank you and all the best.
Customer: replied 9 months ago.
Will I get this answer in writing?
Expert:  taratill replied 9 months ago.
No but you can print this screen off or log back on to it at any time.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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