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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47351
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We are a couple working as Housekeeper and Groundsman on a

Customer Question

Hi
we are a couple working as Housekeeper and Groundsman on a Net Payment per week added to this we have an onsite cottage with all bills paid but no Tenancy Agreement.
We have had an alternative job offer and agreed to take the post.
We have to serve 4 weeks notice and our current employer goes on holiday in 3 weeks time.
As the job we have accepted is subject to a work permit for the Isle of Man we could be 10 days before this is approved.
I want to tell the current employer that we will be leaving but not sure when - can they dismiss us or set a date for us to leave?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is there a specific notice period they must give you on termination?

Customer: replied 1 year ago.
4 weeks or Month, I will look at the contract
Customer: replied 1 year ago.
Month is stated in the contract
Customer: replied 1 year ago.
Hi Ben
I wonder if I might ask the question in another way?
If we tell our employers that we are looking elswhere for employment can they immediately serve the months notice on us.
Our Contract is attached.
Expert:  Ben Jones replied 1 year ago.

Hi there sorry I was in court by the time you had replied. Looking at the contract each party has the obligation to give the other a month’s notice on termination of employment. You have less than 2 years’ service with this employer so you are not protected against unfair dismissal which means that the employer can dismiss you at any time and for more or less any reason and without following a fair procedure. If you had more than 2 years’ service they would have had to find a fair reason for dismissing you, such as misconduct, redundancy, capability, etc and that may not have allowed them to end your employment straight away and until they have managed to find an appropriate reason for it. However, in the circumstances they do not need a fair reason and can issue you with notice of termination at any time. So the possibility here is that you tell them that you are considering leaving in the near future and in turn they simply issue you with notice of termination straight away, meaning your employment and accommodation benefit would end in a month’s time. To avoid the risk of that happening it is recommended you do not tell them until you know that you are ready to leave the job and property within a month.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 1 year ago.
Thank you Ben
All points accepted, just a shame that we will look very selfish handing in our notice as they go on holiday.
Thank you very much
Regards
Geoff
Expert:  Ben Jones replied 1 year ago.

I understand your concerns but you also have to look out for yourselves in this situation and protect your position - you would not be doing anything illegal by doing so and it is just a moral issue, but it may have to be the case here. All the best

Customer: replied 1 year ago.
Hi Ben
Please see attached an agreement with our employer regarding a car. He was able to get much better Finance Terms than us and the Doc outlines our agreement. When we put our Formal Notice in we will suggest that we will take the car and fulfill the terms as set out. I would understand that he might not want to loose sight of the car therefore an option would be - that he pays us our £4000 Deposit+ £1000 as half of the payments made to date (building equity) and he keeps control of the car. He could use the car for new employees as part payment of salary. That way we do not loose and neither does he.
Could you advise is the document sufficient for us to demand that we take the car or not?
Do I need to forward further funds to you as this is a second matter?
Expert:  Ben Jones replied 1 year ago.

Hi Geoff, this may be slightly outside of my area of expertise so you are best advised to post this as a separate query on our site, just as with the original one, and someone who can help you will take this up. Sorry I couldn't help with this