Login|Contact Us
Question and Answer

UK Employment Law

Ask an UK Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

I have been verball given 3 months notice(as per my contract(not

 
Jenny McKenzie's Avatar
  • Answered by:Jenny McKenzie
  • Positive Feedback: 99.3 %
  • Accepted Answers: 1668
Verified Expert
in UK Employment Law

Recent Feedback

Positive
Very clear and concise, and helpful for future action. Thank you.
Positive
Very c lear and concise, thank you.
Positive
Confirmed he was in the wrong thankyou
Positive
Clear and concise guidance
Positive
Excellent and helpful reply
Positive
Thank you
Positive
fast response with clear line of action.
Positive
Jenny was able to verify what i had already bene told by other laywers. ...

Customer Question

I have been verball given 3 months notice(as per my contract(not the verbal part!) which will take me up to 4 days off a years service. I was initially offered continued employment at 2/3 of my salary, then before I give any response I find that a replacement has been employed.
I am contractually signed up to receive 10% bonus on profits (c8k net based on what another manager has received)as part of my package but wont receive anything although a bonus has already been paid out to another manager (cash!! not through the payroll)
My employer wont asnwer any of my emails asking what holiday entitlement I have left, when I was given verbal notice all my passwords were blocked,I was told to return all the paperwork I had, I returned my keys and had arranged with him to have my personal belongings to be forwarded to which he agreed, after a wek at home he sends me an email stating I was on holiday and he expects to see me the following week, I replied to his email stating that due to his actions he had effectively sent me on garden leave and that I wasn't on holiday. I have been offered another job but worried that If I hand my notice in I wont be entitled to claim anything from him - please help!!

 

Optional Information:
Province/Country relating to question: UK

Already Tried:
email, txt trying to assertain my position and where I stand

Submitted: 565 days and 2 hours ago.
Category: UK Employment Law
Value: £28
Status: CLOSED
Picture
Expert:  Jenny McKenzie replied565 days and 2 hours ago.

Hello and welcome to Just Answer,


Are you being paid notice?

Customer replied565 days and 2 hours ago.

yes I am,

Customer replied565 days and 1 hours ago.

This may be incidental but the reason I was given notice was that he couldn't afford to pay me, and that because my notice period was so long if he had waited for things to pick up (which they have) and they didn't he would be be three months down the line and then have to give me notice.

Customer replied565 days ago.

Should I resign and claim constructive dismissal?

I have been verball given 3 months notice(as per my contract(not the verbal part!) which will take me up to 4 days off a years service. I was then initially offered continued employment at 2/3 of my salary with bonus paid monthly, then before I give any response I find that a replacement has been employed.
I am contractually signed up to receive 10% bonus on profits (circa 8k net based on what another manager has received)as part of my package but i've been told I wont receive anything although a bonus has already been paid out to another manager (cash!! not through the payroll)
My employer wont asnwer any of my emails asking what holiday entitlement I have left, when I was given verbal notice all my passwords were blocked,I was told to return all the paperwork I had, I returned my keys and had arranged with him to have my personal belongings to be forwarded to which he agreed, after a week at home he sends me an email stating I was on holiday and he expects to see me the following week, I replied to his email stating that due to his actions he had effectively sent me on garden leave and that I wasn't on holiday. I have been offered another job but worried that If I hand my notice in I wont be entitled to claim anything from him - please help!!

This may be incidental but the reason I was given notice was that he couldn't afford to pay me, and that because my notice period was so long if he had waited for things to pick up (which they have) and they didn't he would be be three months down the line and then have to give me notice.

Could I have some advise as soon as possible please as I wanted to put my notice in tomorrow. many thanks

Customer replied564 days and 4 hours ago.

Hi Jenny, have you managed to progress this any further?
thanks

Picture
Expert:  Jenny McKenzie replied562 days and 2 hours ago.

Hi I was offline over the weekend.Do you still need help?

Customer replied562 days and 1 hours ago.

yes please Jenny

Picture
Expert:  Jenny McKenzie replied562 days and 1 hours ago.

Hi there, until you have achieved exactly a year's service you do not have the right to claim constructive or unfair dismissal as the employment tribunal does not have jurisdiction to hear the claim.

The employer can require you to take holiday in the notice period so outstanding holiday would not push back your effective date of termination.

Unfortunately this means that there is nothing you can do about the situation.

One of the fundamental weaknesses of UK employment law is its failure to protect employees with under a year's service.

I am sorry that this is not the answer you were hoping for but would like to wish you the best for the future.

Please remember to press ACCEPT as I am not otherwise credited for answering your questions.

Customer replied562 days and 1 hours ago.


Thanks Jenny,
1)I have read that if the employer ends your contract just before the year, a tribunal would see this as an attempt to stay under the year and add on the few days to make it up to a year.
2)I would have thought question of the bonus payment would not come under statutory law but one of contractual obligation to pay. Although my contract does not state when it is to be paid, this would have been crystalised when the other manager was paid (he's been there 3 months less than me)
3)Due to the actions surrounding my being at home for a week(stopping my passords,access to the system,I was not told I was on leave,it felt like I was leaving the company for good,I just handed in all the paperwork and my keys shook his hand and wished him well for the future, my understanding was that I was on Garden leave because of his actions.

Accepted Answer

Picture
Expert:  Jenny McKenzie replied562 days and 1 hours ago.

1. This is not the case. About 10 year's ago there was case law to support this but now it is well known that the tribunal will not accept this argument. Virgin Net v Harper 2004 is the case if you are interested.

2. You can claim breach of contract for the unpaid notice. Whether you will be entitled to it will depend on the wording of the bonus clause. You need to send a letter before action before claiming.

I'm not sure what the relevance of the garden leave is if you have further questions please let me know.

Please remember to press ACCEPT.

Expert Type
Category: UK Employment Law
Pos. Feedback: 99.3 %
Accepts: 1668
Answered: 12/5/2011

Experience: 10 Years of experience in Employment Law and HR

Ask this Expert a Question >
 
Tweet

6 Solicitors are Online Right Now

Ask Your Question Now
Ask A Solicitor
Type Your UK Employment Law Question Here...
characters left:

Top UK Employment Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
174 Solicitors are Online Now
Type Your UK Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan