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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47881
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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An employee who is not pregnant, disabled or from an ethnic

Customer Question

An employee who is not pregnant, disabled or from an ethnic minority has resigned today giving three weeks notice. Her contract requires that she give one week's notice only. Our termination obligation as employer is one week for each year of service over two years. She has eight years service.

To limit damage to customer base I would like to let her go today with one week's full pay. Is that a problem?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long has that person worked there for?
Customer: replied 4 years ago.
She has eight years service as stated in my email!
Expert:  Ben Jones replied 4 years ago.
ok I just wanted to check. Does the contract allow you to pay her in lieu of notice?
Customer: replied 4 years ago.
Yes
Expert:  Ben Jones replied 4 years ago.
If she has given you more than the notice she is required to under contract you do not have to accept that and can hold her to the original notice, which in this case is a week. You also have the right to pay her in lieu of notice which means you can terminate her employment immediately based on her notice and pay her for the week that she should have given you.

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