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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 77892
Experience:  Qualified Solicitor
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I handed in my resignation and a management meeting is being

Customer Question

Hello, I handed in my resignation and a management meeting is being held in London and is outside my usual work hours plus travel time, do I have to attend? There is nothing in my contract
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: Uk and no
JA: What steps have you taken so far?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No thank you
Submitted: 17 days ago.
Category: Law
Expert:  Ben Jones replied 17 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Customer: replied 17 days ago.
of course
Expert:  Ben Jones replied 17 days ago.

I understand your employer has requested a meeting outside of your working hours, as you have handed in your resignation, and you are wanting to know whether you are required to attend. Please tell me how long you have worked for this employer?

Customer: replied 17 days ago.
Two months
Expert:  Ben Jones replied 17 days ago.

Thank you, ***** ***** they provided any particular reason for arranging the meeting outside of your contracted hours?

Customer: replied 17 days ago.
It’s a management meeting so my usual hours are 8.15 to 4.15 but the meeting is in London until 5:30 and the branch is in Shoreham where I live so travel will mean I won’t be home until 7pm
Customer: replied 17 days ago.
I’ve asked if I have to attend as I am leaving but they are saying I have to go and I feel this is just out of spite
Expert:  Ben Jones replied 17 days ago.

OK and are you a part of the management team?

Customer: replied 17 days ago.
I am currently the practice manager
Expert:  Ben Jones replied 17 days ago.

Thank you, ***** ***** does your contract say about management meetings please?

Customer: replied 17 days ago.
There is nothing in there regarding management meetings
Expert:  Ben Jones replied 17 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 17 days ago.
Hello are you still there?
Expert:  Ben Jones replied 17 days ago.

Hi there. Please do not worry. I also just want to make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 17 days ago.
Oh of course
Expert:  Ben Jones replied 17 days ago.

Thank you very much. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 17 days ago.
Will I have proof of any findings to present to my firm once this is resolved? If possible I need to give them a definitive response as soon as possible, thanks again
Expert:  Ben Jones replied 17 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

The answer to your question would generally lie in your contract, which may cover what can be expected of you in such circumstances. Whilst you have mentioned that there is no specific mention of management meetings, this can still potentially be covered by a more general clause, such as something that states you can be asked to undertake additional tasks or work additional hours, as the business needs dictate. This would aloe them to ask you to work over and above your contracted hours, and it could potentially cover a request to attend this meeting which is not held during your normal working hours.

However, if there are no such clauses you can challenge the employer and state that they cannot ask you to do this as it is outside of your contracted hours.

Expert:  Ben Jones replied 17 days ago.

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.

Customer: replied 17 days ago.
Hello, my contact saysHours of work
7.1 Monday to Wednesday 08.00-17.15 Thursdays 0800-18.15
Fridays 0800-16.15
M 245A - Staff Terms and Conditions of Employment, Version 4, Page 2 of 87.2 You may be required to work additional hours on those days, or, with your agreement, on other days to cover for an absence of colleagues, arising from holiday, sickness, increase in opening hours and other causes from Mondays to Saturdays.
Customer: replied 17 days ago.
Can they make me travel to London for this? The train is nearly 2 hours when I usually walk to work.
Expert:  Ben Jones replied 17 days ago.

Hello again and thank you for your further queries, which I will be more than happy to answer. I would argue that this clause is only there to cover specific circumstances, mainly to do with covering duties, rather than attending meetings.

Customer: replied 17 days ago.
am I clear to refuse to attend and what this may mean for my resignation period? They have verbally agreed I can leave sooner than my three month contract notice, can they make my life difficult?
Expert:  Ben Jones replied 17 days ago.

They could try and say that you should still work your full notice period, but the argument there is that this has already been agreed and should remain in place.

They can consider disciplining you but taking more serious action like dismissing you will be rather risky considering that you have not breached any rules or policies.

They could do other things related to your job internally which could make it difficult for you, but can’t say what these are as it could be anything in terms of how you are treated, etc

Customer: replied 17 days ago.
Hello, they have said if I don’t go to the meeting I have to leave tomorrow.
Expert:  Ben Jones replied 17 days ago.

Will they pay you for the remainder of your notice period?

Customer: replied 17 days ago.
I doubt it
Expert:  Ben Jones replied 17 days ago.

If that is the case you would argue that they are in fact dismissing you, rather than you resigning and that it would be an unfair dismissal as there are no fair grounds for dismissing you (i.e. you are not guilty of gross misconduct or anything that would justify instant dismissal).

Customer: replied 17 days ago.
if I am made to leave on the grounds that missing the meeting would mean that I would be unable to perform my job (in their words) they would have to pay me until the end of my notice period?
Expert:  Ben Jones replied 17 days ago.

why is that meeting so critical to performing your job?

Customer: replied 17 days ago.
They said there are important announcements and that I am representing the branch and without knowing what’s been said I would be unable to implement the changes.
Customer: replied 17 days ago.
File attached (P72GSZT)
Customer: replied 17 days ago.
I’ve asked if I could leave early to get home and they’ve said no
Expert:  Ben Jones replied 17 days ago.

I would argue that they are still trying to make you do something which you are not contractually obliged to do and that there are also other ways to participate, such as through a video or phone call, or with being issued with the minutes of the meeting confirming what was discussed/

Customer: replied 17 days ago.
Thank you so much
Expert:  Ben Jones replied 17 days ago.

You are most welcome and all the best.

Customer: replied 16 days ago.
Sorry to bother you again, I’ve basically been told either I come or I have to attend a meeting to discuss my future. I believe they would be unable to tell me to go sooner than my notice unless they pay me in full, or fire me for misconduct. Can you tell me my rights and what I can reasonably expect to happen? I can send the emails.
Expert:  Ben Jones replied 16 days ago.

Hi your rights are as discussed above, you can argue that asking you to attend this meeting is not part of your contract and there is no clause allowing them to force you to do so. However, there is also nothing stopping you from dismissing you earlier than planned and alleging misconduct, such as for failing to follow a reasonable instruction. It is then up to you to challenge them and potentially make a claim against them for any missing notice pay or for unfair dismissal.