Ask a Law Question, Get an Answer ASAP!
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 and does your contract state that your duties can be changed as and when required?
Call are extra but I am not available for that at the moment unfortunately (it is an automatic offer by the system) so you can ignore that. You also appear to have joined on a subscription so you will need to go into your account page to cancel that to ensure it is only a one off charge for this question. Please let me know when done so I can continue thanks
yes you appear you have, thanks
Your rights will very much depend on what is in your contract of employment. For example you could be contracted to do a specific job but have a clause which allows your employer to vary your duties from time to time and temporarily then they could potentially ask you to cover other duties for the duration of your notice period. However, if no such contractual right exists then they would likely be acting in breach of contract if they do this. You cannot be forced to undertake these tasks and if they do not change their mind and for example allow you to leave by paying you in lieu of notice or placing you on garden leave, then you can consider resigning immediately and making a constructive dismissal claim against them.
This is where you feel forced to reign as a result of the employer’s unreasonable behaviour. Whilst you would generally be pursuing them for future loss of earnings, this would not be relevant here as you already have a job lined up but instead you can pursue them for the pay for your notice period which you missed out on by being forced to resign.
Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to follow should you decide to take this further. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you
Again whether they can check your personal property would depend on your contract so you must check that. If no right exists there then they cannot force you to let them inspect it. However, if you have nothing to hide you might wish to consider allowing that just to get them off your back, otherwise it may look suspicious to them.
The document they are after to get you to sign is a settlement agreement where you are paid off to leave and you agree not to make any claims against them. You need to see a solicitor to tell you what your rights are before it becomes legally binding so they will explain in more detail what you can expect and if you are offered a good deal
well there is still an argument that you have breached their policies by sending things even to yourself. Also it could be an issue if they believe you will use these against the such as by helping your new employer compete with them
There is nothing wrong with directors carrying out an investigation or holding a disciplinary heating – there is no law that prevents them from doing any of that. They are after all responsible for the running of the company and this is part of it.
As far as your leave date is concerned that cannot be longer than your notice period – they cannot keep you there longer than that. If it is going to be shorter then they will have to tell you eventually, unless you were to follow the option I mentioned earlier of leaving immediately yourself.
What can happen to you, worst case, I they dismiss you for gross misconduct – you do not get paid for the remainder of your notice period and they can mention hat in a reference. Other options could be a written warning, which will not affect your current job but they can again mention in a reference.
You are welcome, all the best