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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50165
Experience:  Qualified Employment Solicitor
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I have been working employer 15 months having

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I have been working for my employer for nearly 15 months having moved from europe where i had been living and working for last decade.
I have a full time contract indefinite contract and was nearly made redundant last year. I was given another role with anew job spec . The letter and agreement stated the new role would end by a specific date and if no other role was found i would be made redundant with specifically agreed settlement terms.
Since then the role is no more with investment levels so low that there is nothing for me to do. My boss has proposed i go now with the organisation paying out till the contract end plus the agreed settlement terms. This would be an earlier departure of some months
Can the organisation resist and break the agreement by not paying till the contract end and asking me to go now with the agreed settlement terms only
Hello so to clarify you would be paid for the rest of the time you would have worked had you stayed until the specified end date and the settlement due at the end as well?
Customer: replied 2 years ago.
Yes that is what my manager suggested. Im worried they will try to only give the settlement part and not pay up until the end date of the role plus the settlement
Customer: replied 2 years ago.
Can i insist they do in accordance to the signed agreement
Customer: replied 2 years ago.
Or legally are they not bound to
Customer: replied 2 years ago.
Imaware i cant sue for unfair dismissal but can i go for breach of contract
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
Hi Ben, are you still online ?
Hello, sorry I was on the way to work earlier, have just managed to get in... Can I just check when the agreement was supposed to take you up to - when was the end date?
Customer: replied 2 years ago.
Up till June 30th
ok thank you I will get my response ready and reply on here shortly
Customer: replied 2 years ago.
Thanks Ben
So it appears that you have a fixed term contract which is supposed to take you up to 30 June. If there is no early termination clause, the employer would be obliged to keep you in the job for that time. You have correctly identified that you are not protected against unfair dismissal so they can dismiss you early for more or less any reason, subject to some limited exceptions, but that could still amount to a breach of contract which is a separate claim. In a breach of contract situation you could hold them liable for any losses suffered as a result of that breach. In effect you want to be placed in a position you would have been had the breach not occurred. In this case it would mean getting paid for the duration of the contract (hence pay until end of June) and the settlement terms that were pre-agreed. The employer has already offered to honour the settlement terms so the only concern is whether they will pay you for the period between now and June. They are required to do this to avoid being in breach of contract so you are entirely within your rights to demand that and include it in your negotiations over early termination. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should the employer refuse to pay you what you are due, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Thank you. As a breach of contract matter you could pursue this in the county court (small claims court if it is for less than £10k). Before that you could also try the employment tribunal route and contact ACAS to help you with their free negotiation service. If you need to proceed with a claim, then whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 2 years ago.
This is great Ben. How can I get you again should I need further advice or representation
I can only assist you via this site but if you need further assistance all you have to do is post a new question for my attention, starting it with 'For Ben Jones' Thank you
Customer: replied 2 years ago.
Will do Ben. Can i assume that all holiday accruals etc should be delivered up till end of June
Yes that is correct