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james bruce
james bruce, Solicitor-Advocate
Category: Employment Law
Satisfied Customers: 4492
Experience:  Owner at James Bruce Solicitors
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If the permanent employment contract says each party has to

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If the permanent employment contract says each party has to give three month notice to terminate it, this means that i am not able to terminate it earlier even if the employer agrees ?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

The clause in the contract is the contractual period that would be required. However, if both parties can reach an agreement to terminate earlier, then that is completely acceptable.

Can I assist further on this matter or clarify anything?

Customer: replied 12 days ago.
if they dont agree to terminate it earlier and thus i decide to not wear a mask in the office for them to accuse me of gross misconduct and terminate it due to that without prior notice, then, could they claim any money from me for that? Like breach of contract of they are not able to find someone to replace me and thus loose a customer?

If the employer refuses to allow an early release and you then act to cause gross misconduct, then yes they could terminate your employment. That

Customer: replied 12 days ago.
They could just terminate it and that is all? Or also claim something from me?

If they dismiss you for gross misconduct then they would not claim anything it would just be dismissal

Customer: replied 12 days ago.
They could not claim any looses? If for example they needed me for the following two months to work on a project for a client and they loose the client because they dont have me available to work anymore due to my gross misconduct

No, if they dismiss you that is their choice.

Customer: replied 12 days ago.
Or also if they are not able to find me a replacement and they consider that i am indispensable to them?

That is there problem. If they want to dismiss you for gross misconduct they can, if that looses them business that is their risk.

Customer: replied 12 days ago.
Ok and if i work without mask and they say that it is mandatory but they decide to nor dismiss me due to the misconduct of not wearing the mask, could i get any other trouble? For example if some other employee gets covid due to that i was asymptomatic and not aware that i had it and by working without mask i spread it to him

It would be difficult to prove that you caused some one to catch covid19.

The employer could get into trouble for not ensuring you were wearing a mask if required.

Can I clarify anything else?

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

james bruce and other Employment Law Specialists are ready to help you
Customer: replied 12 days ago.
all that they could do is to say that i did gross misconduct and thus dismiss without notice. That would not be a legal proceeding, and how they should notify me of the dismissal? In writing?
Customer: replied 12 days ago.
For it to be valid, also could they call the police and charge me with some criminal offence if they say i cant be in the office without mask but i keep there without mask? And they did not say that i did gross misconduct, they just keep repeating that i should wear it but i dont follow that request and still keep there without mask

If they have a policy of masks to protect other staff and you refuse with no good legal reason to do so such as being medically exempt then they can treat that as gross misconduct and dismiss you. Under HSE law they have a duty to protect staff.

It is not a criminal matter so why would the police be involved. If you are dismissed and refuse to leave then they could call the police to remove you.

It is not clear from what you ask if you are deliberately trying to be dismissed or not. Although that is the impression you give.

Customer: replied 12 days ago.
as the employment contract for me to leave they want me to provide three month notice, but i want to leave with just one week notice or no notice so i am trying to find ways that i could still do it if they dont agree with me leaving earlier

Then why not simply work your contracted notice. You signed the contract so are legally bound by that. Have your actually spoken to the employer, if not why not. You never know, they may actually be glad to be rid of you?

Customer: replied 12 days ago.
Because working the notice period i do not know if they would pay me the salary for those months as the employer already showed its not trustworthy and also because during those three months i could earn way more salary somewhere else. And also because employer wants me to work at the office and i dont want as even if the employment contract says the job is to work at the office, on the interview they told me i would be able to work from home until things get better also because my boss is a bully and that affects my health as he is agressively i cant put up with his behaviour so many days
Customer: replied 12 days ago.
i dont want to wait twelve months until tribunal issues ccj for them to pay the unpaid salaries
Customer: replied 12 days ago.
If they were not to pay them
Customer: replied 12 days ago.
also due to the covid risk at the office
Customer: replied 12 days ago.
All this is really an hyptohetical imaginary situation

Then may be it is best to stop imagining problems and simply tender you resignation and work your notice. Complain to HR of he is bullying you. They would have to pay your wages. And you going into work with no mask could be classed as a covid risk that you talk of.
if it is all affecting your health tender your resignation then go off sick.

Customer: replied 12 days ago.
But to go off sick i would have to go to a doctor and ask me to issue me some document so the company can put me on sick pay?

That is correct. But if it is affecting your health and stressing you out the GP may well sign you off.

Customer: replied 12 days ago.
But if the gp does that then i wont be able to work during those months at another company and i need to work somewhere else to survive as i dont have money
Customer: replied 12 days ago.
I would have to wait three months to work somewhere else i guess as notice period is three months
Customer: replied 12 days ago.
I just have to find the way to exit without notice and the company not being able to claim anything for me due to that

Yes, that would be correct. Your only option is to resign and see if they will make you work the notice period, or if you do something wrong whether the will dismiss you.
That really is your options.

Customer: replied 12 days ago.
Ok if i do not wear the mask ( this would be something wrong for them ) but i do not understand what would happen if i take off my mask, they request me to exit the office due to that, and then i exit the office and they do not allow me to return back again without mask, so i dont return back due to that, then in that case they could say that i breached the contract and thus i have to pay them the three month of the notice period as i stoped working without notice? Or they could claim anything else for me? I mean what would happen if i do the gross misconduct but they simply dont dismiss me due to that, they just do not allow me to enter the office until i wear the mask. And also they do not allow me to work from home either.
Customer: replied 12 days ago.
That would mean they could claim from me any looses that they get due to me not being there at the office working with mask?
Customer: replied 12 days ago.
If i say to them that i could enter but without mask
Customer: replied 12 days ago.
But they dont let me in as they require a mask

You would have to read your contract to see if they can claim money back from you.

As for gross misconduct, we are now going around in circles. If they think you are committing gross misconduct they can give you a warning or dismiss you. If they dismiss you then they can claim back anything unless the contract states otherwise.
You should also check to see if the contract has restrictive covenants on your working elsewhere after you leave for so long.

Customer: replied 11 days ago.
Ok last question, is it legal for the employer to set a three month notice period in employment contract during the initial probation period? So that if i want to leave i have to provide three month notice

Yes it is legal to do that. When an employer takes on new employees it does cost money and time, if the employer wants to protect themselves they can put a notice period of 3 months, that is not illegal.

If an employee does not like such a long period to start with then them simply do boot have to sing the contract and take the job.