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My husband has worked for his current employer for almost 11…

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My husband has worked for...
My husband has worked for his current employer for almost 11 years. He was a model employee and well respected. Unfortunately he was involved in a road accident and due to the injuries sustained and the fact they class his car as a weapon he was convicted and serving a 9 month custodial sentence as of 18 June. His Legal Team are about to register an Appeal as they believe the sentence did not take into account the mitigating factors outlined during the sentencing hearing.

As a result of this his employer (same employer as myself) has confirmed today that they are terminating his employment as of 18 June as a "frustrated Contract".

Salaries are due this week and they are advising me that it is too late to review this months salary payment so will make that as normal and then will undertake a true up and any deficit would need to be paid back (2 weeks salary but any commissions deficit).

My questions are:

1) They are within their rights to terminate now rather than await the outcome of the Appeal?

2) If they pay his normal salary this week and then request 2 weeks to be returned what action can they take on myself and my husband to return these funds? (Without his full salary I am unable to meet all our financial obligations including our mortgage).
Submitted: 8 years ago.Category: UK Law
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Answered in 28 minutes by:
6/28/2010
Solicitor: Senior Partner, Solicitor replied 8 years ago
Senior Partner
Senior Partner, Solicitor
Category: UK Law
Satisfied Customers: 13,330
Experience: 30 years experience in business law and related topics such as employment law
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Yes they are within their rights to terminate because he has been found guilty of a criminal offence and even if his appeal is successful on what you say it is only an appeal against sentence. he is unable to attend work and he is not sick so in effect he is unable to perform his contractual obligations hence their claim that the contract is frustrated. It is remotely possible you might be able to mount a claim based upon any procedural defects in the way they have deal with the matter but as he is responsible for the conduct that led to his contract being terminated he is unlikely to get any compensation I am afraid.

Your only real practical hope is for your husband to ask if given his good service they will reinstate him if he is released on appeal.
they can bring proceedings against your husband in the county court for reimbursement of the amount overpaid. Sorry I am sure you do not want only bad news.
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