Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Has your husband been informed that he would be dismissed? If so, please can you advise on what grounds his employer wishes to dismiss him? I am unable to talk at the moment but please do provide this information so that I can advise. Thank you
Hi there Jason. Thank you for your response and explanation. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Just to clarify at the outset, our company is originally from the US but we also have a UK branch and I am a UK solicitor so will respond based on UK law.
Under your contract you have the right to a 3 month notice period, whether you resign or are dismissed by the employer. So if notice of termination has been issued by either side, generally you would be expected to work through your notice period. There is an option known as ‘payment in lieu of notice’ where the employer can pay an employee the equivalent of their notice period pay and not require them to work the full period, basically terminating them with immediate effect. Ideally there should be a clause allowing them to do so in the contract as in the absence of such, it could amount to a breach of contract. Saying that, as long as the employer pays you for anything you would have accrued during that time, they should mitigate the effects of such a potential breach.
Therefore, whether there is a payment in lieu of notice clause or not the employer can decide to terminate your contract immediately and not require you to work your notice period but they must ensure that they pay you for the pay and benefits you would have worked had you been allowed to work that notice period. Failure to do so would mean that they are acting in breach of contract and allow you to pursue them for the amount owed.
This is your basic legal position. I have more detailed advice for you in terms of the options you have to take this further in the event they do not pay you what you are due, 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
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Hi there thanks for getting back to me. As I do not deal with account issues please see My Account page for any details of whether you are on a membership plan or not. If you have queries regarding this please go to the Contact Us page to get in touch with customer service. Thank you