Employment Lawyers Can Answer Your Employment Law Questions
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.
Why does the employer want to terminate the contract?
Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.
Without the requested information, I can only provide you with the following general response, which will hopefully still answer your query. If an employer has advised an employee that their employment will terminate, the employee can still tender their resignation but whether the employment officially terminates by dismissal or resignation will depend on the notice periods required by either party.
To give you a couple of practical examples:
If the notice to terminate required by the employer is 1 month and that is the same notice required by the employee, then as long as the employer has given notice first, the employee’s notice will always end after the employer’s has, which means that the official reason would be dismissal as that is the notice period that will end first.
If the notice period required by the employer is 1 month but the one by the employee is 1 week, the employer can resign once they have been issued with notice by the employer and their employment will terminate in a week, making the official reason resignation. For that to work, they will of course have to ensure that the notice they have to give will finish before the date on which the employer’s notice would have come to an end.
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.
thank you, ***** ***** see my response above dated 7 June? What further do you wish to know about this please?