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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 69190
Experience:  Qualified Employment Solicitor
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I gave formal notice on the 26th Sep, to leave on 23rd

Customer Question

I gave formal notice on the 26th Sep, to leave on 23rd October after 4 years of service. I resigned with immediate effect yesterday, having created my P45 and payroll entry for Oct. I then paid myself after resignation. I had an email informing me that I had stolen the money, and if not returned, the police would be called. Where do I stand? The money has been returned.
Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: There was only myself and the MD. I was HR etc.
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I don’t think so
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

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

Expert:  Ben Jones replied 10 months ago.

Why did you leave with immediate effect?

Customer: replied 10 months ago.
Due to the nature of emails I was receiving. Telling he didn’t want me to be working out of the office anymore and to delete my email account.
Expert:  Ben Jones replied 10 months ago.

Thank you. Whilst you could have left early and before the end of your notice period by arguing that you had been constructively dismissed, that does not entitle you to receive the rest of your notice pay. You have decided to give up your notice pay in order to facilitate an early departure so paying yourself for the rest of the notice period, which you were not going to work, was not correct.

It may not necessarily be seen as theft by the police and the fact that it has been repaid will hopefully mean that they will not take this any further. The main issue would have been if you refused to repay it but that is not the case any more.

If the police do contact you then I suggest you advise them that this was an error of judgment due to the employment situation you had been experiencing and your incorrect assumption you are still due notice pay due to being forced to leave by the employer and hopefully they will not take it any further, especially as it has been repaid.

Does this answer your query?

Customer: replied 10 months ago.
I didn’t pay myself the rest of my notice. I paid myself for the three days in October worked.
Expert:  Ben Jones replied 10 months ago.

Ok, so it is time which you had already worked and not for time which you had not yet worked after leaving?