Employment Lawyers Can Answer Your Employment Law Questions
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?
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
If they dismiss you for gross misconduct then they would not claim anything it would just be dismissal
No, if they dismiss you that is their choice.
That is there problem. If they want to dismiss you for gross misconduct they can, if that looses them business that is their risk.
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.
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.
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?
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.
That is correct. But if it is affecting your health and stressing you out the GP may well sign you off.
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.
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.
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.