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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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in my contract it says i have to give 3 months notice?

Customer Question

in my contract it says i have to give 3 months notice?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is XXXXX XXXXX it is my pleasure to be able to assist with your question today. Please let me know what specific query do you have about your situation?
Customer: replied 3 years ago.


Hi ben, for 3 years i have been working as a branch manager for a hair and beauty suppliers, it is written in my contract that i have to give 3 months notice i was wondering how i stand with this, taken into account that i get paid monthly.


 


kind regaurds,


lorraine

Expert:  Ben Jones replied 3 years ago.
I take it you do not want to give 3 months and want to leave earlier? If so, why is that?
Customer: replied 3 years ago.

i am looking for a new job at the moment, sending out my cv, but first i needed to know where i stand for my future employers


lorraine

Expert:  Ben Jones replied 3 years ago.
If there is a written contract in place and it contains a specific notice period, the employee will be contractually bound by it. If the employee fails to honour this notice period then technically they will be acting in breach of contract. The employer can then make a claim for breach of contract and seek compensation for damages resulting from that breach. However, such claims are very rarely made. This is mainly due to the costs and time required to do so, plus the uncertainty over the outcome. Whilst there is no way of predicting whether the employer will take this any further or not, chances are that they will not. A more probable outcome would be that the employer refuses to provide a reference in the future or if they do, it may mention that the employee had left in breach of contract.

It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. However, if that is not possible, and there is a pressing need to leave immediately, that may be the only option, subject to the risks identified above.

One final option is to claim that you believe you have been constructively dismissed. That occurs when an employer has committed a serious breach of contract. If you believe that such a breach has occurred, you can treat the contract as having been terminated with immediate effect and argue that you can leave without giving any notice as the contractual notice period would no longer be enforceable. However, only go down this route if there is a genuine breach by your employer and inform them that you are treating yourself as having been constructively dismissed.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44875
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.


dose constructively dismissed cover you if your employer is treating you badly, ie emotionaly bullying ?

Expert:  Ben Jones replied 3 years ago.
yes it may certainly cover such situations

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44875
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

dose constructiveely dismissed cover employer is treating you badly,ie emotionally bullying ?

Expert:  Ben Jones replied 3 years ago.
yes it may certainly cover such situations
Customer: replied 3 years ago.


it is difficult to know what is exceptable in the work place as far as emotional and verbal bullying is concerned.

Expert:  Ben Jones replied 3 years ago.
The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual.
Customer: replied 3 years ago.


yes that has described my boss to a tee.

Expert:  Ben Jones replied 3 years ago.
so if needed you can resign with immediate effect by claiming you have been constructively dismissed
Customer: replied 3 years ago.


thank you ben for your help.

Expert:  Ben Jones replied 3 years ago.
my pleasure and all the best

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