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Handed notice it told to leave **SETTLED WITH EMPLOYER**


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This is for a friend of mine

 

He was working for a company (5 years tuped over )

He handed his notice in and gave them 3 months so they had time to find someone else and a few days later he got a call from the area manager

 

The area manager said he had to pick some parts up from him and when they met he said to hand over his keys company car and id as they were letting him go there and then

 

When he got paid he only got that months money along with his p45

 

Question is

Is he entitled to pilon for the other 2 months he never worked as they got rid of him

 

And is he entitled to compensation for loss of company car for the last 2 months ?

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The basic position is that an employee can give as much notice as they like. If that's reduced by the employer, that becomes a dismissal (and probably an unfair one).

 

In short, there could be a theoretical claim for the remainder - and if the company car was a contractual benefit then that should be included.

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Honeybee

He has never signed a contract but the new company he fot tuped over to there handbook says a months notice

 

So far the company has managed to get rid of the 4 that got tuped over

 

I am thinking if taking them to court and so is my mate.

Could we do a joint claim or would they have to be separate

 

Thanks

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The basic position is that an employee can give as much notice as they like. If that's reduced by the employer, that becomes a dismissal (and probably an unfair one).

Is there a piece of legislation that backs your statement up?

"Ask not what your country can do for you, ask what you can do for Poundland"

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There's no statutory (ie legislative) provision for that and it's governed by common law (ie case law) principles.

 

It's settled law that an employer's counter notice will be treated as a dismissal in these circumstances and will serve to bring the termination date forward (this case deals with that fact - http://www.bailii.org/uk/cases/UKEAT/2012/0455_11_0902.html)

 

But again, at common law, the employees compensation for unfair dismissal will be limited to the date on which their original notice would expire.

 

Hope that helps.

  • Haha 1
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Eric's brother

 

They rang him whilst he was on his way to a call saying they needed a part then when they met up they took everything off him and told him that was it and he was no longer employed yet when the rep handed his notice they put him on gardening leave which they should of done with my friend

 

they have now managed to get rid of the 4 engineers who got tuped over in very dodgy ways

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  • 4 weeks later...

Sounds like a positive outcome - thread title amended

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