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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68176
Experience:  Qualified Solicitor
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I have terminated an employment contract with my employer

Customer Question

I have terminated an employment contract with my employer and I want to know my rights for notice period and pay. Furthermore, I want to investigate if possible to claim that the employer made it difficult for me to do my job as the role completely changed after i joined.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: with my manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i am on probation, however my contract states that I give 3 months notice during my probation. does this mean that I have a 3 month notice period?
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

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.

Expert:  Ben Jones replied 6 months ago.

What role were you employed to do and what were you actually doing instead?

Customer: replied 6 months ago.
Hi Ben, are you able to check the terms of my contract?
Expert:  Ben Jones replied 6 months ago.

Hi there.

What role were you employed to do and what were you actually doing instead?

Customer: replied 6 months ago.
I was employed to be COO of a company and was given low level business development work to do
Expert:  Ben Jones replied 6 months ago.

also, is there anything in your contract that allows the employer to terminate giving less than 3 months' notice?

Customer: replied 6 months ago.
can I send you my contract?
Expert:  Ben Jones replied 6 months ago.

OK if you can upload on here please

Customer: replied 6 months ago.
here
Customer: replied 6 months ago.
please see the section called probation.
Expert:  Ben Jones replied 6 months ago.

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.

Expert:  Ben Jones replied 6 months ago.

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?

Customer: replied 6 months ago.
I am allowed to work my notice period of 3 months even during my probationary period
Customer: replied 6 months ago.
I will be paid in full for it?
Customer: replied 6 months ago.
Can the employer reject my resignation and dismiss me instead?
Customer: replied 6 months ago.
I have sent in my resignation email with no knowledge of receipt
Customer: replied 6 months ago.
I need a lawyer to write an email to the employer stating that I am entitled to my notice period and the pay during that period. The meeting was called and I resigned and sent my official resignation via email before they gave their notice for termination. How they are trying to reject my resignation to fire me instead so that they save money
Customer: replied 6 months ago.
Now*
Customer: replied 6 months ago.
4 weeks vs 3 months
Expert:  Ben Jones replied 6 months ago.

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

Customer: replied 6 months ago.
If I forward you the email chain, are you able to act as my solicitor and write a response to their email as I believe that they are breaching the contract by (i) refusing my resignation (ii) only allowing me a notice period of 4 weeks.
Expert:  Ben Jones replied 6 months ago.

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?

Expert:  Ben Jones replied 6 months ago.

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

Expert:  Ben Jones replied 6 months ago.

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