Employment Lawyers Can Answer Your Employment Law Questions
Hello does your contract allow for termination in lieu of notice?
Hello, sorry I was offline by the time you had replied. An employer can only terminate an employee’s employment in lieu of notice if there is a contractual provision allowing them to do so. If there isn’t one, then they would be acting in breach of contract. That would allow the employee to pursue the employer for any losses or damages suffered as a result of that breach. So for example it would include any benefits the employee would have been entitled to had they been allowed to work up until their notice period had they not been paid in lieu. If that was going to give you an extra year’s service and as such entitle you to additional compensation under redundancy, that is a direct loss you have suffered as a result of the employer’s breach. Therefore, you would be able to pursue them for this additional pay which you missed out on as a result of their termination in breach of contract.
This is your basic legal position. I have more detailed advice for you in terms of the options you have for pursuing this further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. The best is to pursue this through the employment tribunal within 3 months of the alleged breach. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
You are welcome, best of luck
Great, glad it is all sorted and all the best