Many thanks for your patience. Whilst the contract entitles the employer to terminate your employment by paying you in lieu of notice, it has not been applied correctly here. If they relied on that clause, they can terminate your employment early, or with immediate effect, but they would be expected to pay you for the remainder of the notice period, just as if you had remained to work there for its duration. Failure to do so could amount to wrongful dismissal or unlawful deduction of wages and make a claim in the Employment Tribunal.
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(###) ###-####
If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:
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