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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49502
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I resigned from my post with immediate effect, I have

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I resigned from my post with immediate effect, I have emailed my previous boss twice to ask when I can collect my personal belongings and wether my 2017 will be paid on 31st January. They have not replied and have refused to comment. What do I do?
Customer: replied 1 month ago.
It should say wether I will get my bonus for work done till December 2017

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

Does your contract say anything about the payment of your bonus?

NB: Due to the late hour I am just about to go offline but will pick this up in the morning ,thanks

Customer: replied 1 month ago.
No I was agreed after I had signed my contract so was not included.

Hi there, thanks for your patience. May I just check why you resigned with immediate effect and did not serve your notice period?

Customer: replied 1 month ago.
We had a disagreement and for the benefit of the company i resigned. I have been bk to work and handed bk all the passwords etc both directors where fine but since then they will not reply to my emails. They have told a supplier they sacked me when i have the resignation letter. I just want my personal effects and whst i am entitled too.

Ok thanks. One issue here would be that you had resigned with immediate effect and without being prepared to serve your notice period, which would potentially place you in breach of contract. In that case the employer can say that you have waived your right to receive contractual benefits like the bonus, although you would still be entitled to get your possessions back and pay for any time worked up until you left.

It does not prevent you from putting some pressure on them to pursue them for the bonus though and you can even try your luck in making a claim against them - it is a free claim so the risks are relatively low. By that I mean that even if you made the claim and were unsuccessful all you would have lost is your time, you will not be responsible for any legal fees. I would always suggest that at least you try it as you cannot end up in a rose position you would have been in had they simply not paid you.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to take in the event you decide to make a claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Customer: replied 1 month ago.
I offered to work part time till they got themselves a new manager but they accepted my resignation without having to work.

you are expected to work as per your contracted hours, so if you are contracted to work full time but offered to work part time then do not have to agree to that

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 quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Ben Jones and other Employment Law Specialists are ready to help you

Thank you. To take the matter further, the employer should be contacted in writing, and ask them to repay the amount in question within 7 days. State that if they fail to do so, legal proceedings could follow to recover what is owed.

If the employer does not return the money as requested, the following options are available:

1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. Before making the claim ACAS must be engaged to negotiate with the employer and try to resolve this without the need for legal action. The relevant form to start this can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage

2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years. Also there is no need to negotiate before starting a claim. The claim can be made online by going to: www.moneyclaim.gov.uk.

Hopefully by warning the employer that their actions are likely unlawful and that legal action is considered, they will be prompted to try and resolve this.