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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
Hello and welcome to Just Answer,Are you being paid notice?
yes I am,
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.
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!!
Could I have some advise as soon as possible please as I wanted to put my notice in tomorrow. many thanks
Hi Jenny, have you managed to progress this any further?thanks
Hi I was offline over the weekend.Do you still need help?
yes please Jenny
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.
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.
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.
Experience: 10 Years of experience in Employment Law and HR