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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
What role were you employed to do and what were you actually doing instead?
also, is there anything in your contract that allows the employer to terminate giving less than 3 months' notice?
OK if you can upload on here please
Thank you. 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. According to Clause 3.5 you are required to give the employer 3 months’ notice, assuming you have been there for over a month. As long as you are ready and willing to work through your notice period, you must be paid for it, even if the employer does not want you to continue working and terminates your employment early by paying you in lieu of notice. In terms of your employer making it difficult to do your job and you having to leave as a result of it, unfortunately you won’t be able to claim for that as this is an example of constructive dismissal, for which you need at least 2 years’ service to claim, which sadly you do not have.
Does this answer your query?
As long as you have submitted your resignation in accordance with your contract, they cannot refuse to accept it and it will be legally binding once submitted. As mentioned, they may choose not to allow you to stay and work there for the notice period but they must pay you for it instead. They can only dismiss you subsequently to that if you are guilty of gross misconduct, which would mean a dismissal without notice
Sadly not, we are just an inline chat service, we cannot be engaged to officially act for someone – you need to get someone locally to do that but there are plenty of employment solicitors everywhere so should be no issue with finding one. But do let me know if you have any other queries in relation to your question?
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you