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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 7421
Experience:  15 years experience of advising on employment law matters
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I have some issues with the termination of my employment

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Hi there, I have some issues with the termination of my employment contract. I have been told verbally that I'm being 'cut' but have had nothing in writing, including any details of when I will be paid until. Have chased on numerous occasions but have been waiting since 23rd April. Believe this is a breach of contract as they should be providing written tonice 'written notice'
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: They don't have an HR department and I'm being stonewalled whenever I ask for information.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee Spoke briefly with ACAS earlier today but not spoken to lawyer yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can provide you with a timeline and pertinent sections of my employment contract?

Hello my name is***** am a solicitor and I am happy to help you today How long have you worked there for?

Customer: replied 3 months ago.
3 months

I am struggling to open the link because I'm travelling. Does the contract say that notice should be writing. Are you still working there at the moment.

Customer: replied 3 months ago.
no - they denied me access to the office. Here are the clauses and the timeline:2.2 Your employment with the company is on the basis of a probationary period of up to 6 months. During that period, the Company will assess and review your work performance and may at any time terminate your employment with 1 week’s notice15.1 If the Company wishes to terminate your employment other than pursuant to clause 15.2 or following your probationary period, you will be entitled to one month’s notice in writing or statutory minimum notice if higher. If you wish to terminate your employment you must give the Company one month’s notice in writing.15.2 The Company shall be entitled to dismiss you at any time without notice or payment in lieu of notice if:
15.2.1 you commit a serious breach of your obligations as an employee
15.2.2 you cease to be entitled to work for the Company in the UK
15.2.3 you are in serious breach of any of the Company’s policies and procedures
15.2.4 the Company believes you have committed any act of dishonesty or gross misconduct or gross incompetence
15.2.5 in the reasonable opinion of the Company you have committed any act which in the opinion of the Company brings you, the Company or any Group Company into disrepute or prejudices the interests of the Company or any Group Company.
15.2.6 you are convicted of any criminal offence other than an offence under the road traffic legislation in the UK for which you are not sentenced to any term of imprisonment, whether immediate or suspended, or
15.2.7 you become bankrupt or make arrangements or compositions with your creditors generally15.3 Instead of giving notice to terminate this contract or having received notice of termination from you, the Company may at its absolute discretion terminate your employment under this contract with immediate effect by paying you a payment in lieu of salary which would have been due to you during your notice period. Such payment shall take no account of any pension contributions or other benefits and shall be subject to deductions for tax and NI contributions.23rd April
Blocked from entering office
Taken to local coffee shop
Told ‘due to funding issues, and as the highest salary earner, we are going to have to lose you’
Told it was ‘absolutely no reflection of my performance in my role’
I asked when I would be paid until - told that written confirmation would be sent to me with details of when I’d be paid until.
At no point was I offered a payment in lieu of notice29th April
Received a reference from the CMO detailing my excellent work in post
Received full salary for April (but no payslip)1st May
Chased for details on when I’d be paid. Told by CMO ‘10 working days of May so I guess to the 14th’2nd May
Meet with CMO and again asked for details on when I was being paid until and how it was being calculated. He said he would speak to Dan (Co-founder) and chase it8th May
Chased again for information on when I’d be paid until. CMO told me ‘I’ll ask Dan as soon as I see him’9th May
Chased CMO again. He stated ‘Chased again’.13th May
Sent CMO and Dan (co-founder) an email with an expenses claim and a request for:
April payslip
Confirmation on grounds of termination (assuming redundancy)
Details of when I’ll be paid until and calculations for this14th May
Received this response from co-founder along with April payslip
Hi Pete,Thank you for your email and expense receipts - I have forwarded to Adrian and Crowthers for review.I have asked Mark to follow up with Joelson to forward your termination letter. As discussed on 23rd April, your employment ceased with immediate effect on that day.Apologies you did not receive the letter - Mark will escalate with Joelson as a priority and as a matter of urgency.Regards,DanielNo further information has been forthcoming

Ok well in accordance with the terms you are entitled to a months notice pay and notice should have been given in writing so you could argue that you have not been given correct notice of termination and should therefore receive pay.

You should start early claims conciliation via ACAS which hopefully will lead to the matter being resolved. Their website is www.acas.org.uk

If that is unsucessful then you can lodge a claim at www.employmentribunals.gov.uk

If you have any further questions please do ask. If I have answered your question please take the time to rate my answer, thank you and all the best.

Customer: replied 3 months ago.
Thanks. Spoke to ACAS earlier today. If I had to take it further could this be settled in the small claims court rather than an tribunal?
What is your opinion, with the facts as you have them, of a claim being successful?

My opinion is that you are definitely entitled to claim the months notice based upon what you have told me. You can claim for that amount in the small claims court, you would need to send a letter before action threatening the claim first and then you can lodge the claim at www.moneyclaim.gov.uk

Is there anything further you would like to know?

Customer: replied 3 months ago.
Ok - 2 final questions - does the probation clause take effect here in terms of notice period?
From what date could I claim the 1 months notice from? At the moment the only written confirmation is the email copied below - would this be consider written notice despite not stating the reason for termination?Hi Pete,Thank you for your email and expense receipts - I have forwarded to Adrian and Crowthers for review.I have asked Mark to follow up with Joelson to forward your termination letter. As discussed on 23rd April, your employment ceased with immediate effect on that day.Apologies you did not receive the letter - Mark will escalate with Joelson as a priority and as a matter of urgency.Regards,Daniel

No because you weren't told you were dismissed because you failed your probation, you were told that you were dismissed due to the fact that you were too expensive.

2. Yes that email would be sufficient evidence of that notice.

I hope that clarifies matters for you.

If you have any further questions please ask, otherwise I would be very grateful if you would take the time to rate my answer, thank you and all the best.

taratill and 3 other Employment Law Specialists are ready to help you
Customer: replied 3 months ago.
many thanks.