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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 71321
Experience:  Qualified Employment Solicitor
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Employer said that i should not work anymore from today and

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Employer said that i should not work anymore from today and they will email me a letter with the one week notice period, as i failed my probatory period after around nine months. They cut my access to the company computer system but not to the corporate mailbox. What should i do? I am obliged to continue working even if they cut my access to communicate with team mates if i have access to the systems that allows me to perform my duties? Until they send me the email

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.

Hi there. Can I just check, were you aware of the length of the probationary period? and why do you want to continue to access the system if you have been asked not to work from today?

Customer: replied 11 days ago.
I dont want to use the system
Customer: replied 11 days ago.
But i do not know if legally i am obliged to continue using it
Customer: replied 11 days ago.
Until the one week notice period ends
Customer: replied 11 days ago.
If i am obliged to perform my duties
Customer: replied 11 days ago.
Until then
Customer: replied 11 days ago.
Or not
Customer: replied 11 days ago.
Even if someone from HR told me to not work from now

OK I understand and 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.

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.

In order to be paid for your notice period you are expected to be ready and willing to work through it. That basically means you should be available and notify the employer about this, leaving them to decide whether they want you to do any work or if they would rather stand you down and not expect you to do any more work. As long as it is their decision not to do work, then you will be paid as normal.

What has happened so far is that you have been told you no longer need to work and the access to the systems has been cut, which clearly suggests that there is no expectation on you to do any work. What you should do is acknowledge that request, confirming you will not do any work as instructed but that you remain available throughout your notice period in the event they change their mind.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 11 days ago.
I had like 25 days outstanding leave that i did not take, the termination letter says that i will be paid 19 outstanding holiday that i did not take
Customer: replied 11 days ago.
The employment contract says they can force me to take the holidays when they wish
Customer: replied 11 days ago.
I guess what they did is that they force me to take the notice period as leave holiday
Customer: replied 11 days ago.
Also they sent me the termination letter via email is that ok? Or should i request them a written physical letter?

Hello, thank you for your further queries, I will be happy to answer these. An employer can force their employees to take holidays at a time decided by the employer. To do this the employer must give the employee notice which is at least twice as long as the holiday to be taken. For example, an employer wants an employee to take 5 days’ holidays on specific dates – they must give the employee 10 calendar days’ notice before they want that holiday period to start. This means that they cannot retrospectively make you take holidays and notice must have been given in advance. It is entirely possible for the notice to be sent by email. I hope this clarifies things for you a little bit more.

Customer: replied 11 days ago.
Employer in the termination letter mentions to me that i have holiday allowance of 25 days per year. As i started in March and will be leaving in November, you have a pro-rata entitlement to the full year entitlement. That is why they will pay for 19 days leave entitlement that i have not taken. On the other hand the employment contracts says that i would be paid for any outstanding holiday accrued at the pro rata rate of my annual salary per day. Is correct for then to pay 19 days then? Or should they pay for 25 days?
Customer: replied 11 days ago.
Even if during the employment the company system always mentioned that i could book 25 day holiday at any time
Customer: replied 11 days ago.
Not only the accrued holiday
Customer: replied 11 days ago.
I mean the system always mentioned that the outstanding holiday was 25

You cannot expect a full year’s holiday allowance if you only worked there part of the year. If you worked there half of the holiday year you only get half of the annual allowance for example.

Ben Jones and 4 other Employment Law Specialists are ready to help you
Customer: replied 11 days ago.
Ok thanks even if the system displayed 25 days at all times
Customer: replied 11 days ago.
As outstanding holiday
Customer: replied 11 days ago.
Or as "remaining" days that i could book

yes even if that was the case, the law is clear on this, you follow the law, not the computer system at work

Customer: replied 11 days ago.
Ok thanks

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 9 days ago.
The employee told me that i dont have to work during the one week notice period, what happens if during the working hours of the notice period i complete tests that other companies requests me at job interviews? The copyright of those works would belong to my current employer? Even though they told me that i dont have to work and my work at that employee consisted of working on projects for that employer not to apply for new jobs but i have to start applying for new jobs because the employer terminated my employment by giving me one week notice.
Customer: replied 9 days ago.
the employer told me
Customer: replied 9 days ago.
at that employer
Customer: replied 9 days ago.
thus i have to find another job. The emplpyment contract mentioned that i would work during regular business hours, it means that for the copyright to not belong to the emplpoyeer i would have to complete the tests outside business hours?

Hi they cannot realistically claim ownership over copyright you have created in your own time (i.e. time when you were not actually working) and which was not created in the course of your normal activities with that employer.