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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Please could I ask your advice? My husband has been employed

Resolved Question:

Hi there, please could I ask your advice? My husband has been employed with the same company for 14 months. He has a contract stating that a 3 month notice period is required if (a)my husband resigns or (b) if they end his contract. If my husband resigns and they do not want him to work his notice, are they obliged to pay him in full his salary for the 3 months? If, on the other hand they dismiss him (a comment was made at a board meeting in front of shareholders that they expected him to produce a figure of £60,000 from sales, which is totally unrealistic in the industry he is in by the end of November) and again, they do not want him to work his notice are they obliged to still pay him his 3 months salary.? Having not been in this position before, we would like clarity on this if at all pooible. Having had no indication of there being a problem before now i.e. No 121's with management, no warnings whether formal or not, this has come as somewhat as a bolt out of the blue. Any assistance given would be greatly appreciated. Many thanks.
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

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

Customer: replied 10 months ago.
Hi Ben,
This is Jason, my wife made the initial contact. No I have not been told I will be dismissed but this was alluded to by the comments made during the board meeting (in my wife's' initial email regarding the comment of £60,000 to be made in sales by November) Therefore, I believe it is in my best interest to resign to help with future job prospects. My question is, if I hand my notice in, which has a 3 month period on either side written into my contract, are my employers obliged to pay me the 3 months in full if they ask me to leave immediately and not work my notice? Also, am I right in saying you are an American company and if so, would the employment law be the same ove here in the UK?Regards,Jason.
Expert:  Ben Jones replied 10 months ago.

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.

Expert:  Ben Jones replied 10 months ago.

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

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Expert:  Ben Jones replied 10 months ago.

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

Customer: replied 10 months ago.
Hi Ben,Thank you for your reply and for clarifying my question. I will of course leave positive feedback.Please confirm that the payment of £32.00 that we have already made is the full and final amount due. Please also confirm whether I need to cancel any agreements/subscriptions etc on another page/website.Thanks again for your swift response. Hopefully, I will not need to contact you further.Kind regards***** *****
Expert:  Ben Jones replied 10 months ago.

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

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