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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61285
Experience:  Qualified Employment Solicitor
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I was working for a small business and handed in my notice

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Hi, I was working for a small business and handed in my notice on Thursday 10/10/2019 which was 3 months as per T&C's of my employment contract, I received an email 2 days later saying they had accepted my resignation but my and my last working day would be Friday 18/10/2019, when I tried to query this I got no response, my company email password ***** changed on the Friday and when I finally got hold of the MD I was told that his assumption was that I would not work my full notice and he would pay me up to the end of October, when I advised that I do not agree with this date and I would have worked my full notice it all went quiet. It has now been 3 weeks since and I have tried to correspond with the company but with no joy
Assistant: Have you discussed the employment contract issue with a manager or HR? Or with a lawyer?
Customer: The company does not have a HR department and my line manager is the MD, in terms of a lawyer not yet
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I was an employee and no to belonging to a union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I was only working for the company for 4 months before handing in my notice,

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Customer: replied 15 days ago.
Hi Ben

Are you able to upload a copy of your contract on here?

Customer: replied 15 days ago.
Yes I will try

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

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 123 1100.

 

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

 

https://www.employmenttribunals.service.gov.uk/apply

 

Does this answer your query?

 

Customer: replied 15 days ago.
Okay thank you, yes it does answer my query

All the best

 

Ben Jones and other Employment Law Specialists are ready to help you