Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Are you only interested in getting your holiday pay you are owed?
So you are prepared to not get paid for the notice period?
The starting point is that under normal circumstances you would be expected to serve your notice period when resigning, otherwise you may be acting in breach f contract. However, there are circumstances when this will not happen and you have a couple of options of going about it:
· You can claim that what has happened amounts to constructive dismissal, which makes the whole contract void, including any notice period requirements
· You could try and get signed off sick for the duration of the notice period which means that whilst you continue serving it you are not actually in work – you do not need to be physically in work during the notice period. So if you believe you could get signed off, such as for stress, then that is an option.
Whichever option you decide to use, you will be entitled to get paid for the holidays you are due as that is a legal right you have which the employer cannot avoid, so at least you know this will be safe.
This is your basic legal position. I have more detailed advice for you in terms of tips on how to write the resignation letter, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
You do not have to unless you are relying on the constructive dismissal option but if you want to include it then you have nothing to lose and it may prompt the employer not to challenge your decision in any way fr fear of you taking it further because of the bullying. Hope this clarifies?
Don't worry, leaving a rating will not close the question and we can continue this discussion afterwards on here. Thank you
Thank you. For a suggested resignation letter see below:
Please treat this letter as my formal notice of resignation from my position of [job title].
Whilst this has been a very difficult decision to make as I have genuinely enjoyed my time in this role, recent events have made this inevitable and I have been left with no other option but to leave.
The main reasons that have prompted this decision are the bullying I have experienced by [name] and also the health and safety risks I have been exposed to as a result of the pump truck malfunction several weeks ago. The latter has meant I am now expected to undertake unsafe manual handling and being exposed to clear health and safety risks.
I believe that my position has become untenable and the only option now is for me to leave the employ of [company’s name]. As I am currently suffering from severe work-related stress as a result of all this, I am being forced to go on sick leave for the duration of my notice period and will not be returning before its expiration a week from now. I simply wish to be paid what I am due under contract in termination, including any accrued holidays which remain outstanding by the date my employment terminates.