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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61234
Experience:  Qualified Employment Solicitor
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We have no HR this discussion was with the MD, but I havent

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Good afternoon my name is*****: Was this discussed with a manager or HR? Or with a lawyer?
Customer: We have no HR this discussion was with the MD, but I havent outlined the story yet.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No, I need to start again with Employee rights please?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

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

Please provide some more details about your situation

Customer: replied 1 month ago.
Hi Im Chris, I have been asked in my first email to resign by my company, as I have done my job correctly.Management of files, information, promotions, samples, filling, lack of use of form etc. Not all of this is true.I ahve recently agreed to go down to 4 days since August 2019. He is now suggesting my role does not warrent 4 days, If I manage my diary I could do the job iin 2-3days. He quoted 'I cannot advise you on resignation' We discussed the optionof Resignation, where I would them 3 months notice and I would continue in my employment for that period, but I would be not be required to doany other work than current booked appointments, which would then free me up to consider my options. My question to you, he has asked me to agree to drop down to 3 days a week for those 3 months but I am currently on 4 days a week since August. Can I ask to stay on 4 days with pay?
Customer: replied 1 month ago.
I have worked as a National Account Manager since Feb 2017,home based with a max of 1 day a week in the office.He has accumulated information on the commercial side of the operation as I was the only sales person they had when he took over the previous company that went into Creditors Voluntrary Liquidation. I have had no written warning on my position though we have spoken about it on numerous occasions buy no issue of a verbal warning. He is the MD/Owner and we have no HR.

Thank you. In the circumstances you can indeed ask that the employer honours your current arrangement, rather than try to make you reduce down to 3 days for the notice period.

 

You can state that you would resign but you would only do it on a condition that they keep you on 4 days for the notice period. If they don’t, you would not be resigning and instead they would have to find a way to dismiss you and if not done properly, or no fair reason is used, you would potentially challenge it as an unfair dismissal. So it is in the interest of both parties if they just honour these 4 days for the next 3 months and the that would be the end of the matter and you would be gone.

 

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