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Stuart J
Stuart J, Solicitor
Category: Employment Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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can I leave a new job after a month?

Customer Question

can I leave a new job after a month?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Stuart J replied 3 years ago.
Can we have full background please? Thanks
Customer: replied 3 years ago.


Hello I signed a contract with a company "A" to start a new job to the 7th pf May. However, I got a new job for company "B" to start on the 6th of june.


 


can I work with company A for a month and give one week notice within that month and quit and go to company "B"

Expert:  Stuart J replied 3 years ago.

What does the contract say about notice?

What was in the offer letter?

What is job no 1?

Why don't you simply not start job number one or give notice now?

Customer: replied 3 years ago.

 


Statement of Main Terms and Conditions of Employment


1. This is a statement of the main terms of your employment. This statement, together with your Offer Letter and the parts of the CGI benefits and policies specifically stated to be contractual, form your contract of employment. You must sign and return one copy of this document to human resources. The particulars set out are correct as issued on Monday, 22 April 2013.


2. CGI IT UK Limited, 250 Brook Drive, Green Park, Reading, RG2 6UA ('CGI') will employ you Oreri Towuru of Ruislip , Ruislip, England, HA4 6LG, United Kingdom, as Senior Administration Support (GM2). However, CGI reserves the right to move you to any other role within your capabilities. You must devote your whole working time, attention and ability to the business of CGI and should not undertake any other paid work for a third party without written permission.


3. Your employment is subject to a three month probationary period.


4. Your employment will commence on a date to be agreed in the future, but by no later than 07-May-2013. No period of previous employment counts as continuous employment.


5. CGI will pay you a salary of £40000 per year (payable in arrears at the end of each calendar month, by bank transfer). The salary pay date is the 28th of each month or nearest working day. Your salary will be reviewed periodically by CGI.


6. More information on your bonus plan:


You will be eligible to participate in the company‟s profit participation plan. This will allow you to receive a target incentive of 2% subject to business and individual performance. CGI‟s financial year runs from October to September and any bonus in the current financial year will be pro-rated. Full details of the scheme, will be communicated to you by your Manager upon joining. CGI reserves the right to modify or discontinue this incentive scheme at its absolute discretion and membership of the scheme is not a contractual entitlement.


7. CGI shall be entitled at any time during your employment and upon its termination (howsoever arising), to deduct from salary and/or any other sums due to you any sums owed by you to CGI.


8. You will ordinarily work for CGI in Great Britain. Your employment base will be St. Albans. CGI has the right to change your base location in accordance with CGI Human Resources policies and in particular, CGI‟s Smart Working Policy.


9. Your working hours.


Your normal working hours will be 37.5 hours per week during CGI‟s office hours which are 9.00 a.m. to 5.30 p.m. Mondays to Fridays with a one hour lunch break. However, you may be required to work such additional hours as are necessary for the performance of your duties.


Your annual leave entitlement will be 25 days per annum. Bank holidays are in addition to this annual leave amount and will not effect your overall holiday entitlement.


CGI‟s understanding is that your working time is not measured or can be pre-determined by you so that Regulation 4(1) of the Working Time Regulations 1998 does not apply to you.


 


Page 5 of 10


CGI IT UK Limited Keats House The Office Park Springfield Drive Leatherhead, Surrey KT22 7LP


 


cgi.com cgi.com


Notwithstanding that understanding, you agree that to the extent (if any) Regulation 4(1) applies you hereby agree to opt out of Regulation 4(1), although you may terminate such opt out at any time by giving CGI not less than 3 months written notice.


10. In accordance with CGI Human Resource policies CGI may require you to work at any CGI premises or for any client at other locations anywhere in the United Kingdom or abroad. Whilst there you are required to comply with local arrangements concerning hours of work, health and safety and the like. You may also be required to travel to other places on business anywhere in the world.


11. For the 2013 calendar year you are eligible to receive the benefits in accordance with the attached document entitled "Incentives and Benefits at CGI


 


" and in accordance with the relevant scheme rules as amended from time to time. The company reserves the right to amend the benefits offered and the entitlement to such benefits in future scheme years. Full details of the 2013 benefits will be made available to you on joining.


12. You will be informed of any amendments which will be made to the CGI Benefits and Policies. These can be viewed on the Human Resources web site.


13. CGI may summarily terminate your employment with immediate effect if you:


 become the subject of a bankruptcy order or an interim order under the Insolvency Act 1986 or a disqualification order under the Company Directors Disqualification Act 1986; or


 become a patient for the purposes of Part VII of the Mental Health Act 1983; or


 are convicted of any criminal offence (other than an offence under road traffic legislation in the United Kingdom or elsewhere for which a penalty other than imprisonment is imposed); or


 commit any act of dishonesty, any serious misconduct or any other act which may seriously affect your ability to discharge your duties; or


 commit any act or conduct yourself (whether during the course of your employment or otherwise) in a manner which might or does bring the reputation of CGI into question or disrepute.


Any delay by CGI in exercising its right to terminate summarily under this clause shall not constitute a waiver of that right. If CGI summarily terminates your employment then you shall have no claim for compensation in respect of such termination.


14. CGI may at any time suspend you for the purpose of investigating any misconduct or neglect alleged against you and during any such period you shall not attend at any premises of CGI or contact any employee of CGI or any customer client or supplier of CGI other than as directed.


15. Upon termination of your employment for any reason in addition to any other obligation set out elsewhere in this agreement, you shall immediately deliver up to CGI all correspondence, documents, specifications, papers, magnetic disks, tapes or other software storage media and property belonging to CGI which may be in your possession or under your control (including such as may have been made or prepared by or have come into your possession or under your control and relate in any way to the business or affairs of CGI and/or of any of its suppliers, agents,


Page 6 of 10


CGI IT UK Limited Keats House The Office Park Springfield Drive Leatherhead, Surrey KT22 7LP


 


cgi.com cgi.com


 


distributors, clients and/or customers) and you shall not, without written consent, retain any copies thereof.


16. You shall not, during the continuance of your employment or at any time after its termination for any reason, use (other than for the purposes of CGI) or disclose to any person or persons whatsoever (except the proper officers of CGI


 


) any trade secrets or confidential or secret information relating to the business, technical processes, designs or finances of CGI and its suppliers, agents, distributors, clients or customers or any confidential or secret information relating to or connected with the services provided or products manufactured, marketed or under development by CGI and you shall use your best endeavours to prevent any such use or disclosure. This clause shall not apply to information disclosed pursuant to any order of any court of competent jurisdiction or any information which, except through any breach of this or any other agreement by you is in the public domain or information disclosed for the purpose of making a protected disclosure within the meaning of Part IVA of the Employment Rights Act 1996.


17. You agree that you will not, without CGI‟ prior written consent, directly or indirectly, either alone or jointly with or on behalf of any person, firm or company and whether on your own account or as principal, shareholder, partner, employee, agent or otherwise:


 for 1 month after Termination by you (less any period spent on Garden Leave) in relation to the services the same or similar to those you provide for CGI solicit the custom of or endeavour to entice away from CGI any person, firm or company who was a client or customer of CGI in the 12 months prior to Termination and with whom you were concerned or had personal contact in such 12 month period;


 for 1 month after Termination by you (less any period spent on Garden Leave) in relation to the services the same or similar to those you provide for CGI solicit the custom of, any person, firm or company who was a potential client or potential customer of CGI to whom CGI was actively preparing to provide services or actively marketing in the 12 months prior to Termination and with whom or with such preparatory and marketing activity you were concerned in such 12 month period;


 for 1 month after Termination by you (less any period spent on Garden Leave) in relation to the services the same or similar to those you provide for CGI deal with or accept the custom of any person, firm or company who was a client or customer of CGI in the 12 months prior to Termination and with whom you were concerned or had personal contact in such 12 month period;


 for 1 month after Termination (less any period spent on Garden Leave) in relation to the services the same or similar to those you provide for CGI solicit the employment or engagement of any person who immediately prior to the termination of your employment was an employee or other worker or self-employed person providing services to CGI, in a managerial, executive or technical capacity of CGI with whom you worked or with whom you had contact or whose work you were aware of in the 12 months prior to Termination;


 at any time after Termination represent yourself as being in any way connected with or interested in the business of CGI.


 for the period up to the end of your normal notice period, if you leave the employment of CGI at an earlier date than that to which you are contractually obliged, work in competition with CGI for a Competing Business or a Listed Competitor


Page 7 of 10


CGI IT UK Limited Keats House The Office Park Springfield Drive Leatherhead, Surrey KT22 7LP


 


cgi.com cgi.com


For the purposes of this clause the following terms shall have the following meanings:


"Termination" means the termination of your employment, howsoever arising (including without limitation, termination by CGI in breach, whether repudiatory or otherwise, of this Agreement), unless the sub clause specifically limits this to "Termination by you".


"Competing Business" means a business which is:


(1) located anywhere in [the UK/Europe/the World] in which CGI undertakes or is planning to undertake a significant business operation as at the date of Termination; and


(2)relates to the provision of business consulting, system integration and IT and business process outsourcing (and any other activities commenced by CGI after the date of this agreement) being services and businesses of a kind in which you were actively i

Expert:  Stuart J replied 3 years ago.

Notice for leaving isn't in there,. It might be somewhere else.

To start a job knowing that you will leave in 3/4 weeks time is a breach of trust.

whether they would do anything is debatable.

My suggestion (and the ethical one) would be to tell them that you will not be joining and see if the other co will take you earlier.

 

Customer: replied 3 years ago.

 


Unless otherwise terminated in accordance with the terms of this agreement, you or CGI can terminate your employment by giving at least 1 months written notice to the other, or such longer period as may be required by statute. Under statute you are entitled to one week‟s notice for each complete year of service up to a maximum of 12 weeks. CGI reserves the right to pay your salary (and car and fuel allowance, if applicable) in lieu of notice and accrued but untaken holiday. You will not be entitled to receive any additional sums in respect of any other benefits.


19. At any time after you or CGI has given notice to the other to terminate your employment in accordance with the terms of this agreement or after you have purported to terminate your employment without giving full notice and CGI does not accept such resignation on such terms, CGI may require that during any such notice period or any part or parts of such notice period you do not enter or attend the premises of CGI or any other third party site where you have been working ("Garden Leave"), and during any period of Garden Leave you must not do any of the following without CGI‟s express prior consent:


 undertake any work for any third party whether paid or unpaid and whether as an employee or otherwise


 have any contact or communication with any client, customer or supplier of CGI


 have any contact or communication with any employee, officer, director, agent or consultant of CGI.


20. During any period of Garden Leave CGI may require you to do any of the following:


 perform special projects or perform duties not within your normal duties or perform some but not all of your normal duties


 keep CGI informed of your whereabouts so that you can be contacted should the need arise.


21. During any period of Garden Leave you will remain an employee of CGI and your employment shall continue and you are not entitled to become employed or engaged by any other company, partnership, person or entity in any capacity (whether paid or unpaid). You will continue to be paid salary and be provided with contractual benefits during any period of Garden Leave in the usual


 


 



way save that you will not be entitled to receive any bonus or commission during or in respect of such period.


22. There are contractual provisions set out in the CGI Benefits and Policies concerning Intellectual Property, Expenses and Safety at Work which you must read and comply with.


23. You agree to undergo a medical examination if reasonably requested to do so by CGI.


24. You are required to observe the rules of the Smoking Policy published by CGI which may be updated from time to time.


25. You agree and understand that it is necessary for CGI to collect and maintain employee data worldwide in order to manage its business efficiently. This data is used for salary and benefits administration, assignment management and career development activities and other similar activities as necessary for business or legal reasons. CGI also needs to process certain information relating to ethnic origin and disability for government monitoring and regulatory purposes. Electronically held employee data is initially transmitted to, and is maintained at a central database located in a CGI office. By signing this letter you hereby consent to the collection, use, maintenance and transmission within CGI global offices of the employee data relating to yourself in the manner described above which you understand will be protected in accordance with CGI's Data Protection Policy.


26. As part of our Resourcing process, you will allow your CGI CV (written by you), to be circulated to selected CGI staff and external clients to secure appropriate roles.


27. The grievance procedure applicable to you is set out in the CGI Benefits and Policies. Such procedure does not form part of this agreement or otherwise have any contractual effect.


28. The disciplinary rules and procedure applicable to you are set out in the CGI Benefits and Policies. Such disciplinary rules do not form part of this agreement or otherwise have any contractual effect.


29. No modification, variation or amendment to this agreement shall be effective unless such modification, variation or amendment is notified to you in writing.


30. This agreement constitutes the entire agreement and understanding between the parties and supersedes all previous contracts, agreements or arrangements, whether written or verbal, (if any) relating to your employment which shall be deemed to have been terminated by mutual consent as from the commencement of your employment.


31. There is no collective agreement applicable to your employment.


32. The construction, interpretation and performance of this agreement will be governed by the laws of England and Wales to the jurisdiction of whose courts the parties agree to submit.


33. The signing of this contract confirms your agreement to the CGI Member Commitment to the

Expert:  Stuart J replied 3 years ago.
If you do join you have to give one months notice which means that you would have to give it the day you started!

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