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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6957
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I resigned couple of days ago, giving 30 days notice as per

Customer Question

I resigned couple of days ago, giving 30 days notice as per contract. Owner/director of company, after giving verbal acceptance, sent me an email whereby he accepts but saying there are two points contingent to the leaving dates. Then today he verbally abused me telling me to f... when I asked what he meant by that (ref email) since I gave me the agreed notice period and the day-to-day work just be as usual until I left. Having been terribly mistreated in front of colleagues, adding to an already horrible 6 months working for this person, I would like to know where I stand legally if I don't go back to work and serve my notice period. I cannot face going in that place a minute longer. Thank you for your kind assistance. Monica
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I forgot to ask how I should tell him if I'm not going back. Thank you
Customer: replied 1 year ago.
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Expert:  Michael Holly replied 1 year ago.

Dear Monica

One option would be to go to your doctor and get signed off as sick for the notice period as a consequence of the stress caused by your employer's treatment of you. That way you are not leaving early just not well enough to go in and it avoids confrontation.

The alternative would be constructive dismissal. This is where the employer treats an employee so badly as to breach the implied term in the contract that you will be treated reasonably and with respect.

This way you inform the employer that they have breached the contract as a consequence of treating you badly and, as such, you are entitled to leave as you no longer have to abide by the contract as they broke it.

I hope this helps.

If there are any further points please reply and I will be happy to respond

Best wishes

Michael