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: Employment Law
Satisfied Customers: 50929
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have recently handed in my notice to my employer and have

This answer was rated:

For Ben Jones,I have recently handed in my notice to my employer and have stated I would like to give notice as per my contract (3 months) however, they are trying to get out of it and suggesting that 3 months isn't viable to them. As per my contract it states that this has to be a mutual agreement which I wish not to agree with. My next employer isn't expecting me for 3 months and I have made this clear to my existing employer. I would like to either stay on to complete my 3 months notice, be put on gardening leave or to be paid my 3 months to leaver sooner. I just would like some advice on how I can manage this with them so they do not get out of pay me what I am owed and not allowing me to complete my 3 months notice as per my contract. Please see below statement for termination of my employment directly from my contract."If you wish to terminate your employment with the firm, you are required to give 3 months notice. Should the firm wish to terminate your employment, for any reasons for gross misconduct, you will be entitled to 3 months notice. By mutual agreement, these notice periods can be wavered or reduced.The firm reserved the right, in its absolute discretion, to pay you monies in lieu of notice of termination of employment. Any payment in lieu of notice will be limited to basic salary only and subject to income tax and national insurance at your applicable rate.The firm shall have the right during a period of notice or any part thereof to assign you to any other duties as and when required or place you on garden leave, in either case paying your basic salary and benefits due to you. If placed on garden leave you may be required to remain away from the firms premises and not to contact the firms employees, clients or suppliers or work for any other employer in a capacity whether paid or unpaid whether as an employee or otherwise during the period of garden leave. "If you can provide me some guidance on how to manage this with my current employer, that would be great.Laura

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is the notice period they would prefer?

Customer: replied 12 months ago.
They haven't expressed any timescale but from the sounds of it, weeks. When I had the discussion with my line manager he said "well we won't want you sitting around twiddling your thumbs and we believe your handover should only take a few days". I expressed that I'm in no hurry to leave and said that I would like to do my 3 months notice as stated. No agreement was concluded. My line manager left it as he would go away and speak to hr to see where they stand.

The contract is pretty clear that you are entitled to 3 months’ notice, whether you resign or are dismissed. If you have given them this notice period and are ready and willing to work it, they cannot really refuse to pay you for it. They can ask you to leave early but they must either place you on garden leave or pay you in lieu of notice. If they fail to do so then they will be acting in breach of contract and it would be a wrongful dismissal. You will be able to pursue them for the remainder of the notice period if necessary. So you basically have to tell them that you are contractually entitled to the full 3 months and in any event they need to pay you for it and that if they do not, you will have no option but to make a claim to recover that money.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if they fail to pay you. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks

Customer: replied 12 months ago.
What would be the next steps? At this stage I just need to see what my employer will respond on my notice before I can take this any further.
I can of course discuss this, please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the options you have on taking this further if they fail to pay you. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you
Ben Jones and other Employment Law Specialists are ready to help you

Thank you. In the event they do not pay you you can consider making a claim in the employment tribunal for the money due to you. Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####