You owe me my notice!
I informed my employer by letter that I was giving one month's notice of my resignation. My MD's response was to ask where I was going to work and when I was starting my new job. When I explained that I was giving four weeks' notice he told me that I should go immediately.
A while later I received a letter from the company accepting my resignation with a cheque enclosed for the pay owed which did not include the four-week notice period.
Do I have a claim for breach of contract, unlawful deduction from wages or unfair dismissal? And would the fact that I started work with the other company almost immediately affect my claim?
grievous
Breach of contract/unlawful deduction would be a better bet. However, they may argue that you 'agreed' to a consensual variation - i.e. an immediate termination of employment without any notice expectation or expectation of payment in lieu. You will say you only did that on the basis that you would be paid in lieu - and it is likely to come down to the strength of oral evidence.
I think it is definitely worth pressing - could you get a local solicitor or the CAB to draft a letter before action, in the hope that a 'scary' letter will convince them to pay up? If that doesn't work, then lodging tribunal proceedings (which I'd do in the alternative for breach of contract and unlawful deduction from wages) is not difficult.
Employment lawyer Rachel Lewis advises on your work-related issues







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