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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49868
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a question regarding employment law which is what would

Customer Question

I have a question regarding employment law which is what would be the effective date of termination of a contract if you put in a resignation in on the 17th November 2015 with one months notice period?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.can you tell how many working days you work each week please.
Customer: replied 2 years ago.
5 working days
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Customer: replied 2 years ago.
hello ben? i still have not received a response?
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
If you submit your notice on the 17th of the month and the notice period is a month long, your employment would terminate on the same date the following month, so in your case it would be 17 December.
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
Customer: replied 2 years ago.
Unfortuntatley other solictors have stated 16th december. Would you be able to double check and confirm as i am
Not sure who to believe. Also can you confirm in terms of law what the law states
Regarding effective date of termination?
Customer: replied 2 years ago.
Hello Ben, i have another question in that if if was dismissed from my employer without notice for gross misconduct on Friday 11th December but my contract does not end till 16th december then what would be the effectivate date of termination?
Expert:  Ben Jones replied 2 years ago.
There is no specific law in legislation on the effective date of termination but usually a calendar month means that when a notice is given on a specific date, it ends on the same date a month later. If you were dismissed for gross misconduct on 11 Dec whilst under notice, then your employment would end then on the 11th, so that would be the EDT and the date of termination will be brought forward. Hope this clarifies?
Customer: replied 2 years ago.
I was not notified of my dismisal until the 16th december via post so is that allowed in terms of the law? The letter states that i was dismissed on friday 11th for gross misconduct without notice however i was not notified until the 16th december.
Expert:  Ben Jones replied 2 years ago.
yes that is possible. For example, in a disciplinary the employer may adjourn the hearing to make a decision and that would be made a few days after the hearing. They would then advise the employee of the outcome by post and it will take a few days for the notification to reach the employee
Customer: replied 2 years ago.
Hi Ben, i have gone back to my employer to say that i would like to appeal against my dismissal for the reasons specified below, they have replied as per below saying i did apparently sign for the document on the 16th however i did not sign for it and the signature is fake. How would i go about responding to this?(My email to Employer)
Further to your email reply dated 18th December requesting details of the appeal. I would like to confirm that I will be appealing the decision which followed the disciplinary hearing. Please find below the reasons for my appeal:1. My appeal is based on the findings which (Company) have stated in the disciplinary report, that I have committed the alleged act of misconduct.2. I would also like to dispute the disciplinary sanction imposed based upon the advice from my solicitor with regard to the dismissal itself and the effective date of dismissal. The effective date of dismissal stated by K**** is the 16th December 2015 with the notification letter sent on the 16th December 2015. However, I had actually only received the dismissal notification on the 18th December 2015 as advised to Kaplan in my confirmation of receipt email. Therefore the dismissal would be invalid as my notice period for resignation had expired on the 17th December 2015. The law states specifically states that the effective date of termination is the date on which the termination is communicated to the employee, which in this case is the 18th December 2015. The dismissal is therefore invalid.I await your response regarding point 2, and will send full details for my appeal on the 23rd December 2015 as ag)reed.(Response from Employer)With regard to your statement that the dismissal is invalid, please find attached signed receipt of delivery from our couriers confirming that you received and signed for the notification of dismissal that was issued on Wednesday 16th December 2015 on the same day. Both a hard and soft copy of the documents were sent on the 16th, even taking into account that you may not have reviewed the e-mail until the 18th I regard your signed receipt of the hard copy on Wednesday 16th as your effective date of termination.With the above in mind, I recognise that you are formally appealing against the decision to terminate your employment with K***** and will arrange for an appeal hearing to be convened upon receipt of the full details of your appeal as highlighted below.
Expert:  Ben Jones replied 2 years ago.
Do you know who signed for it?
Customer: replied 2 years ago.
Thanks for your reply, nobody in my house signed for it and neither did i, i think the courier has faked it or the employer because i have proof of my signature on a debit card which is different.
Expert:  Ben Jones replied 2 years ago.
Hi, in the circumstances you either signed for the letter you received or you didn’t. There is a signature which states you did, but you claim that it was not you who signed for it. So to respond to the employer you would have to basically make it clear that it was not you who signed for it and that as far as you are concerned, you are still not formally dismissed as it happened after the resignation period had ended. You cannot force them to accept that but you can make it clear that this is your position. If you want to appeal the disciplinary you can still do so of course. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you