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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47362
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have months been paid by cheque, instead of the usual bank

Customer Question

I have for several months been paid by cheque, instead of the usual bank transfer, up to a week after pay day meaning monies do not clear in my account until at least the 2nd week of the month.
As my employer has a history of not paying final pay to people who leave, can I hand my notice in with immediate effect once my pay has cleared in my account?
I am prepared to lose the 1-2 weeks pay due from waiting for my pay to clear but not prepared to have to chase my employer with solicitors in order to get the full final months pay due if I work my notice period (of 1 month).
Grateful for your advice in this matter.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. So to clarify yu wish ti leave without serving any of our notice period?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Expert:  Ben Jones replied 1 year ago.

Calling now

Customer: replied 1 year ago.
I am a PA to the founder of a junior oil exploration company. Times are a little tough at the moment for oil companies and the company has downsized.The last 3 people that handed in their notice were not paid their final salary until they engaged solicitors.
Expert:  Ben Jones replied 1 year ago.

Just to follow up on our call. 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.

And as mentioned, 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'. So if there are reasons to believe the employer has acted in breach of contract, whether a breach of an express contractual term, or other breaches such as bullying, exposing the employee to unreasonable stress, discriminating against them, etc this reason can be relied on in order to leave with immediate effect.

Hope this helps

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