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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48554
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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For the attention of Ben Only. Ben Regarding the above. I

Resolved Question:

for the attention of Ben Jones Only.
Hi Ben
Regarding the above. I have now resigned without going back to do my three month notice period. For goodwill the company said they would pay me three months' salary (without me returning to work). As soon as they knew ACAS were involved they withdrew this offer. Initially, I thought my redundancy payment would be approx £7,000 and I said I would settle for £5,000. The company have agreed to this but I then learned that my redundancy would be £10,500 so I told ACAS to say to the company that I would meet them half way and wanted £7,500 to avoid a tribunal. I have just been notified the company will not go any higher than the £5000 offered and this is on the table until close of business today. Can I have your advice please, should I risk the £5,000 and go to tribunal. What do you think my chances are of being awarded any more.
Submitted: 1 month ago.
Category: Employment Law
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

Just to clarify, I cannot advise on prospects of success as I only work with limited information and advising you of that, which could then turn out incorrect due to other information I was unaware of, could cause legal issues in itself. So based on that, what other queries can I help with please?

Customer: replied 1 month ago.
well firstly, the company have mentioned that I am in breach of contract as I did not work my three months' notice. would this affect my claim. Could I be sued?
bearing in mind the many texts we have exchanged you do have most of the information.
what would be your opinion on this.
rose omahoney
Expert:  Ben Jones replied 1 month ago.

Whilst they can try and argue that your counter-argument would be that you were constructively dismissed. In that case you are legally allowed to leave without working your notice period because it is the employer who would have breached the contract first. So it is rather unlikely that you will be sued for breach of contract in these circumstances and to be honest such claims are extremely rare. Also they must be able to show that they had suffered some losses as a result of that breach and this is never going to be as much as the salary they would have paid you, maybe the difference in pay they had to pay someone else to do your job but that won’t be much.

Customer: replied 1 month ago.
bearing in mind the info you have on this case what would you do in my position.
Expert:  Ben Jones replied 1 month ago.

This is just me personally, but a constructive dismissal claim can be risky because the burden of proof is entirely on you to prove your case and it can become tricky. At this stage you have a guaranteed compensation of £5k which is not bad. You can always push for more and perhaps get more if you won at tribunal but there is no guarantee that would happen and you could end up with absolutely nothing. So considering the offer and what you are willing to accept is not far off, in many ways it would be better to accept it and at least know you have a decent guaranteed payment. I would also advise that you negotiate a reference as part of any deal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 1 month ago.
I am still not sure what to do. I would like to take this to a tribunal but I know that I personally could not appear in court to answer questions. I would be a nervous wreck. I am going to speak to ACAS today to see what a "representative" actually means. I feel that the company should not be able to pay me just £5,000 when I feel I am entitled to £10,500.
Expert:  Ben Jones replied 1 month ago.

I understand but I have seen many times where a claimant has held out for what they believe they should get, only to come with nothing. So you have to balance the risks in the end. There is no right or wrong decision here though - no one can guarantee a successful outcome so it is impossible to say that you must reject all offers and pursue your claim because you will win 100%. Also if you do not believe that you will be good at pursuing a claim that can also have an effect on your chances of success. ACAS does not offer any representation at tribunal - you have to get your own legal representative, often at a cost. So these are all factors you need to consider. Does this clarify things a bit more for you?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.
it does, thank you
Expert:  Ben Jones replied 1 month ago.

you are most welcome