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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 2775
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I’m looking for some legal advice regarding an employer

Customer Question

Hi; I’m looking for some legal advice regarding an employer termination and notice periods.
JA: Was this retaliation? Or based on age, race, religion, gender, or disability?
Customer: The employer has resigned but I need advice on whether I am entitled to give them one or a months notice within the employment contract.
JA: What kind of workplace is this (private sector, public sector, etc.)? How many employees?
Customer: Private sector, 3 employees.
JA: Where are you located? Workplace termination laws vary by location.
Customer: Birmingham, England.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There is an employment contract in place, I just need to know our legal position.
Submitted: 19 days ago.
Category: Employment Law
Customer: replied 19 days ago.
Just to clarify, this in an employee who had resigned and I am the employer. They are currently within a 6 months probabtion period.
Expert:  Ed Turner replied 19 days ago.

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Customer: replied 19 days ago.
I’m currently away on holiday hence why I’m online and my phone isn’t available. Can we engage via e-mail / messages?
Expert:  Ed Turner replied 19 days ago.

Under the employment rights laws, there is a minimum statutory notice period of one week where the employee has been employed for less than two year unless the written contract of employment gives a longer notice period.

What notice does the written contract state?

Customer: replied 19 days ago.
The contact states within the probation period, the employer can terminate giving 1 weeks notice.
The contract also states that following 1 months continuous service that the employee can give 1 months notice.
The employee has resigned and believes they are entitled to one months notice but as the employer I am subsequently terminating the employment within the probation period and hence giving 1 weeks notice. I need to know which position is correct legally.
Expert:  Ed Turner replied 19 days ago.

The contract is not clear at all but if the employee has resigned after 1 months within probation then they are entitled to work the full month's notice period.   If you insist on a week they may sue you for the remaining three weeks notice period.

Expert:  Ed Turner replied 19 days ago.

I am sorry that I do not have better news for you, but I must be as honest as possible with you to advise in your best interests.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Expert:  Ed Turner replied 19 days ago.

I hope that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and start it with @EdTurner. I will be notified of your request and prioritise it.

Kind regards

LawyerEd