Hi, sorry about the emails, it's a
the way the system is designed and I have flagged this up numerous times but the owners have decided to keep it that way. I am sure they would rather hear from customers about this:***@******.***I await to hear from you with the contract terms and then I can explain your position, thanks
This is really weird as I cannot see any reply yet it says you have
For Ben Jones... would it be easier to speak? my mobile is *********** /p>
Hi, I did post my answer a couple of times so I am not sure why it is not registering on the site. Apologies for that, I will try again.
If your contract does not have a payment in lieu of notice clause then your employer cannot just tell you that they will pay you for the remainder of your notice period and terminate your employment earlier. If they do that then they will be acting in breach of contract and you can technically sue them for any losses you would have incurred in the circumstances. So for example that can include loss of pay or holidays that you would have earned/accrued during your notice period.
Therefore, if you would have been guaranteed commission for the time worked throughout the notice period, you can claim that from the employer. They could still try and terminate your employment earlier than your planned termination date but to avoid any breach of contract claim they must ensure that they pay you for all earnings/holidays you would have been entitled to during that period. In that event you would not have suffered any losses so you cannot realistically claim for breach of contract, even if technically it would amount to one.
So if they are trying to end your employment early at this stage, you can advise them that whilst you may be agreeable to them doing so, they must ensure that they pay you for all monies due to you over that period, including the commission you would have earned. If they do not, then you may certainly consider a breach of contract claim against them to pursue these losses.
Hope the above comes through this time, if you could please let me know either way that would be great, many thanks
Hi, did the contract specifically say that you had to resign in writing? Also when the employer accepted your resignation, on what date were they basing that - was there an agreement/understanding that the resignation would run from a specific date?
Thanks, ***** ***** notice period would have started to run from the date it was submitted in writing, which should have been 30 May. Even if i actually stated 30 June, assuming this was an error, then it would still be effective from 30 May. This means that with 6 months' notice your employment should have terminated on 30 Nov. In this case you would have been entitled to any pay and other contractually guaranteed remuneration until the end of your notice period. as there is no payment in lieu of notice clause the employer cannot terminate your employment earlier than the ate your notice would expire because doing so would be a breach of contract and would allow you to claim any losses you have incurred as a result of this, which would generally include loss of earnings you would have earned had you been allowed to work through your notice period. The employer could try and terminate your employment earlier than that but to do so they must pay you for anything you are due over that period, otherwise it would be a breach of contract matter which you can pursue further if necessary. Hope this clarifies your position?
you are welcome, all the best