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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70841
Experience:  Qualified Employment Solicitor
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I have been given the wrong notice period. After 2 meetings

Customer Question

I have been given the wrong notice period. After 2 meetings I was offered 2 month notice period on full pay. After I question what could I do in those 2 month work realise on my contract it was 1 week statutory pay. Where do I stand?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: With hr
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: No
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have got the letter they have sent me. Im contesting the 1 week statuory and think they should honor whats on the letter .its there mistake
Submitted: 11 days ago.
Category: Employment Law
Expert:  Ben Jones replied 11 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 11 days ago.

Hi there. Please can you tell me how long you have worked for this employer please?

Customer: replied 11 days ago.
18 mpnth
Expert:  Ben Jones replied 11 days ago.

OK thank you for providing this information. Please do not worry and leave it with me for now; 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.

Expert:  Ben Jones replied 11 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

I appreciate that the employer initially gave you the wrong notice period but that does not mean that once they have mentioned it there is no going back. If it was clearly an error and it was corrected without unreasonable delay, they will be able to do this and not have to honour it. Mistakes happen, it is human nature and just because someone has made a mistake, it does not mean that there is no way to go back on it and legally you should be allowed to take advantage of an obvious error.

In your case the error was identified relatively quickly and it is not like they allowed you to work for 32 months and only then realised it and try to go back on it, which would be too late. On that basis, you do not really have any legal grounds to force them to still give you 2 months notice, if that s not what you were contractually entitled to in the first place. There is nothing stopping you from negotiating with them but bear in mind what your legal position is, which will determine how much you ush them or ho far you go with it.

I appreciate this may not be the answer you were hoping for but it is the legal position and all I can tell you is what the law says. I do hope that it at least explains where you stand and I will be happy to clarify anything for you in relation to it. For now, thank you for using our service.

Expert:  Ben Jones replied 10 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.

Customer: replied 10 days ago.
Thanks Ben.git another question for you I think its unfair furlought. Was furlought 4 month, came back last in August when busy, was 2 days off sick,was told by my GP need test for cancer. When I came back to work catch up with my general manager told her about test for cancer,2 days later without warning I was the only one furlought and now laid off. What should I do,?
Thanks
Expert:  Ben Jones replied 10 days ago.

Hi there, as this is a separate subject can you please post as a new query for my attention and I will be happy to help. Many thanks