Ask a Law Question, Get an Answer ASAP!
Thanks for your question. There is no question that their conduct could have amounted to constructive dismissal . Additionally if you resigned and gave 3 months notice then you are entitled to be paid for that period even if not required to work it. They are not entitled just to force you to accept a shorter period. The problem for you I suspect is that if you want to be paid for the notice period , you cannot start the new job. you are not supposed to work if you are still under notice even if not required to attend the office. Also if you are earning elsewhere and claim for damages you have elsewhere. however if you gave notice to expire at the end of April and they asked to to stop working earlier you could clam that non payment of the balance of your notice is unlawful deduction of wages. Do you need a reference for your new job? When are you starting?
Thanks for that. I have already arranged references for the new job. I have suggested a start date for the new job of early April but this hasn't been confirmed yet. An extra detail is that the MD wants me available as necessary after 1 March which I was happy to agree to since I thought I was being paid anyway. Also, him letting me leave on 1 Mar was conditional on me completing certain tasks (which I have done).
As suggested, I sent a message to my employer and they spoke to their own lawyer. He confirmed that we were correct and the company was wrong to do what they did so they have agreed to pay me the 2 months salary for March and April. Result! Thanks for your help with this. They now want me to sign a thing agreeing not to sue them for the constructive dismissal, but I'm OK with that. Attachments are only available to registered users.Register Here
Attachments are only available to registered users.