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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48474
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I went on holiday came back to my job which as far as I am

Resolved Question:

I went on holiday came back to my job which as far as I am concerned is still on a trial basis as I have not been told otherwise.When I came back I was taken into the office and informed that money had gone missing and an investigation was taking place therefore I was suspended with full pay
I would rather not go back to this employment and have given in my notice with immediate effect
Can I do this ???
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. How much notice are you supposed to give under contract?

Customer: replied 1 year ago.
Under contract 1 month
but I was on a trial period of 4 weeks and that was extendedand never discussed thereafter...so i am still technically on a trial basis !!
Expert:  Ben Jones replied 1 year ago.

The trial basis issue would not really be relevant. 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.

It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above.

Finally, 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.

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.
I have never received a contract...just assumed that being paid monthly that tnis was a requirement
Expert:  Ben Jones replied 1 year ago.

ok it's just that you said under contract it was 2 month. If you had no contract in place then it is just a week's notice I'm afraid, not a month. It does not matter how often you get paid. But you are still due a week's notice so I can discuss the steps you need to follow to pursue that if necessary. Thanks

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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