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Hello I have a query related to resignation notice period I…

Customer Question
Hello: I have a...
Hello: I have a query related to 'resignation notice period'

I understood I'm on a 3 month notice period with my employee (following a promotion a few years ago). So after speaking with my Manager. I handed in my official resignation with 3 months notice.

My employer now states that I am on 1 months notice so may decide to ask me to leave in 1 month with just 1 months pay.

Having checked both employee and manager handbooks: My employer is contracted to provide a notice period of 10 weeks to myslef.

Can my employer force me to leave in 1 month and pay for just that one month's employment? As opposed to the full 3 months as per my (employees) notice
Submitted: 7 years ago.Category: UK Employment Law
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Answered in 1 minute by:
10/5/2010
Solicitor: Ben Jones, UK Lawyer replied 7 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,502
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi

 

Why do you think you are on 3 months' notice - was that agreed in writing, verbally..?

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Customer reply replied 7 years ago

Hi

 

It was agreed verbally before I handed in my written resignation,.

Also I told been verbally on promotion. I'm certain I had a letter when promoted with this information, sadly I can no longer locate the letter.

Solicitor: Ben Jones, UK Lawyer replied 7 years ago
What about what you do have in writing - does that still state 1 month?
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Customer reply replied 7 years ago

Hi

It states for employee to employer at least 1 month

For employer to employee with my lenght of servie it states 10 week.

Solicitor: Ben Jones, UK Lawyer replied 7 years ago

Whilst you may genuinely be entitled to 3 months' notice, the problem is proving that as there is no written evidence, rather it was just agreed verbally. You can try retracting your notice now, working for another couple of months and then handing in your resignation again, but your employer can refuse to accept that.

 

Alternatively, you can make a claim for wrongful dismissal in an employment tribunal, claiming that you have not been paid your contractual notice period. However, in the absence of any documentary evidence it would be your word against your employer's and it would be down to the judge to decide who he believes more on the day before making a decision. So as you can see there is a certain degree of risk in pursuing this through the courts.

 

Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

Ben Jones
Ben Jones, UK Lawyer
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