UK Employment Law

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My question is regarding my company car. I gave 1 month’s…

Hello, my question is...

Hello, my question is regarding my company car. I gave 1 month’s notice on Wednesday so in theory my last working day would be the 28th February but my boss told me this morning that today will be my last day: she also told me that they would need my company car back (I pay the company car tax on my wages) as soon as possible and they would pay my salary at the end of the month. Am I right in thinking that I am entitled to keep the car until I receive my final salary at the end of the month or do I have to return it immediately?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

London

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I worked full time with this company for 10 years but I do not have an employment contract

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This company doesn’t do anything properly, I haven’t had a single payslip since 2011. I am going to work for a rival company and my boss is very annoyed

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Answered in 8 minutes by:
2/2/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,725
Experience: Qualified Employment Solicitor
Verified

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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DOes the contract state they can pay you in lieu of notice to end your employment early?

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Customer reply replied 4 months ago
Hi Ben, thank you for helping me. I have never had an employment contract and I have worked for this firm for 10 years
Customer reply replied 4 months ago
Hi Ben, I tried to pay for your phone all but this website won’t process my payment

Oh not to worry I wouldn't have been able to take a call anyway, that's an automatic offer

Where did you get the month's notice from if you had no contract - did you just choose it as being suitable?

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Customer reply replied 4 months ago
Hi Ben, sorry for the delay- credit card companies all calling me for fraud!
I assumed that as I am paid monthly I would have to give 1 months notice as that is how it has always been in the past

Thanks, ***** ***** get it all sorted with the banks. Going back to your query, unless you had a contractual notice period you would only be required to give a week’s notice. During that period all your usual terms and conditions, including benefits, would continue to apply. The employer does have the option to terminate your employment before the notice period expires but to do so they would need a clause in your contract allowing them to pay you in lieu of notice. There is no contract and as such, no clause like that, so legally they cannot do it (unless you gave them your consent).

The issue here is you gave them a notice period longer than that required by law. They will be bound by it if they had accepted it, but if they did not, then your employment can terminate after a week, once the legal notice period has expired. As such, they would be expected to honour the benefits you get for the week’s notice, but after that they can withdraw them.

However, if they had formally accepted your month’s notice, then that would be the new bonding period and they would have to honour it as normal, allowing you to benefit from the usual terms for the full duration.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer reply replied 4 months ago
Thank you for your reply Ben, would it be safe to assume that they have accepted the months notice as they have said I will get paid at the end of February as usual? I have not had anything in writing from them.

I would say that is a reasonable argument - it does not have to be a clear written acceptance, it can be implied through their actions and them agreeing that you will get paid for the month would likely imply they had accepted a month's notice from you

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Customer reply replied 4 months ago
Thank you so much for your help Ben, I really do appreciate it. Have a lovely evening. Warm regards Suzanne

you are most welcome and all the best

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,725
Experience: Qualified Employment Solicitor
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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).

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