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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44343
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello, In May of this year I resigned as sales director from

Resolved Question:

In May of this year I resigned as sales director from my current employer where I have worked for 7.5 years. My boss and I were quite amicable about it and I have helped find my successor who started on 18th August. I have a new position to go to but cannot start until 1st Nov. I have a 6 month notice period. My letter of resignation is dated 30th June but should have been 30th May. I verbally signalled my intent about a week earlier.
My boss said yesterday that he wanted me to leave at the end of Sept to save money and that he would only pay my commission until 18th Aug. when I expressed my disappointment he then said he would pay me till mid October but I didn't have to go into work after 30th sept. I don't expect to hold him from the date of the letter which was an error but would I have any grounds to say you pay me to 6 months from May 30th? Is he in breach of contract by saying mid cot and stopping commission before I finish?
Thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you have a payment in lieu of notice clause and is the commission guaranteed or discretionary? I am in tribunal today so may not be able te reply fully until later in the afternoon, thanks
Customer: Hi Ben,
Customer: I am not sure. Will look at my offer letter at home tonight. Can you explain what it means if I do or if I don't?
Customer: I have had 7 emails asking me to rate the service Ben... I can't yet! I think this service needs the solicitor to flag this in the system. I am sure you will help me but this is irritating... I had a similar experience a year ago too
Ben Jones :

Hi, sorry about the emails, it's a

Ben Jones :

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

Customer: Ok BEM
Customer: Ok Ben at least you empathise....most my lifer letter purely says ... employment is terminator by either side by written notice of 6 months.
Customer: The send button is a bit quick... My offer letter says .... Employment is terminatble by either side with 6 months notice.
Customer: so my letter states 30 June but should read May.

Hi Ben,


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>

Customer: For Ben jones I have no answer....yet I keep being told there is one and to rate you....this if feeling really poor!
Ben Jones :

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

Customer: June.
Customer: Got it now Ben. Here are fyactd
Customer: facts.. I resigned verbally around 23rd may. Letter was handed to boss 30 may... Letter is dated 30 June . I was expecting to finish end oct with commission paid till then and salary. Resignation day could mean finish end nov.
Customer: My question is could I insist on nov end if I wanted to push it? Next is am I safe to insist salary and comm to end oct?
Ben Jones :

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?

Customer: Hi Ben yes it says in writing. When I resigned my boss offered me to stay on as a highly paid sales person. So it was quite fluid really with no specifics around dates. Only thing was from my resignation to 6 months hence I would not be head of sales.
Ben Jones :

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?

Customer: Thanks Ben... As I thought.
Customer: rob
Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44343
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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