How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47421
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

As an employee in the UK, I wish to leave my job with my

Customer Question

As an employee in the UK, I wish to leave my job with my employers at the end of March 2017. My contract states I need only give one month's notice. The job I do will not necessarily be an easy job to fill when I vacate and I would like to give the company a little extra time to find a replacement. Question: If I were to write an email on a 'Without Prejudice' basis giving them 3 month's notice, would this have any validation in law and how might this affect me should they decide to sack me instead?
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 9 months ago.
3 years 4 months
Expert:  Ben Jones replied 9 months ago.

Thank you. If you wish to leave your employment then your employer is only obliged to accept the contractual notice period you are entitled to give. If you wanted to extend that and give them a longer period that can only happen if the employer agrees to it. So what you can do is approach the and ask if they are willing to accept a longer notice period and if they are – agree that with the and let the notice start to run. If they refuse to accept that proposal then nothing happens, meaning that you would simply continue to work for them until you give them the required notice period. They cannot just dismiss you – you have more than 2 years service so you are protected against unfair dismissal, meaning that they have to show a fair reason for dismissal and follow a fair procedure.

Therefore, when you write the letter do not say you are giving them notice but simply ask if they are willing to accept a longer notice period, so that if they say no, it leaves you in a position as if you had not given them any notice at all and the ball is in your court to decide when to give them the month’s notice you are actually required to give on resignation.

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

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 9 months ago.
Many thanks Ben
Expert:  Ben Jones replied 9 months ago.

you are most welcome