Employment Lawyers Can Answer Your Employment Law Questions
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What is the notice period they would prefer?
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.
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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(###) ###-####