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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44957
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hello can I leave m new job after one month?

Customer Question

hello can I leave m new job after one month?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please explain your circumstances a bit more.

Ben Jones :

For example why do you want to leave and do you have a contractual notice period which you need to adhere by?

JACUSTOMER-v0hyerts- :

Hello I start a new job on the 7th of may

JACUSTOMER-v0hyerts- :

hello

Ben Jones :

so you have not started and want to leave before you actually start?

JACUSTOMER-v0hyerts- :

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"

Ben Jones :

do you have a contract that provides for a specific notice if you wanted to leave?

JACUSTOMER-v0hyerts- :

yes but I don't understand it

Ben Jones :

what does it say?

JACUSTOMER-v0hyerts- :

can I attach it and send to ou?

JACUSTOMER-v0hyerts- :

to your email?

Ben Jones :

you can try there should be an option to do so, I think it's the paperclip icon

Ben Jones :

you cannot send an email

JACUSTOMER-v0hyerts- :

ok

JACUSTOMER-v0hyerts- :

the reason is because it is not letting me upload

Ben Jones :

can you just type in the notice clause here then, or copy and paste if you can

JACUSTOMER-v0hyerts- :

Our Ref: 9695BR/Towuru

Dear Oreri,

I am pleased to offer you a role with CGI IT UK Limited and your anticipated start date is 07-May-2013.

There has never been a better time to join us. We are genuinely excited about our future and very much hope you choose to become part of it.

Should you decide to accept, your basic annual salary will be £40000, which will be paid directly into your bank account every month in arrears. This will be reviewed yearly (currently in July). Your employment will be subject to a probationary period of three months. You are eligible to participate in the UK Profit Participation Plan.

Your contractual base office is St. Albans. However, as part of our smart working policy your location, depending on projects, will require flexibility.

In addition to the information contained in this document, the email contains several electronic forms to complete as well as information on your benefits and the CGI Member Commitment to the Code of Ethics and Business Conduct. Together, this document and the e-mail, contain everything you need to join us, including information that you will need to sign and send back via email to us at [email protected] . Please send back via email all pages of your acceptance of offer and terms and conditions.

Although mentioned elsewhere, it is worth pointing out that this offer is valid for 7 days unless we have agreed otherwise. Please note that if you make any changes to the documents, we will not be able to accept them.

Please read and sign the enclosed documentation. Once we have got everything back from you, we will be in touch to explain what happens next. If you have any questions before then, feel free to talk to me on +44 7980 777625 or by email to [email protected]

We hope you join us and firmly believe that you can build a long and enjoyable career here at CGI.

Yours sincerely,

Neil Casey

UK Recruitment Account Manager

Page 2 of 10

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

cgi.com cgi.com

Acceptance of Offer

The next couple of pages and the Main Terms and Conditions of Employment make up our formal offer. Ensure you read these carefully as they constitute the terms and conditions of your employment.

A. This offer is conditional on your satisfying the requirements set out below in the following conditions. Should any of the below conditions not be satisfied for any reason, CGI reserves the right to withdraw this offer with immediate effect and, if already accepted by you, to terminate your contract of employment without notice.

1. That we receive signed and dated copies of all the documents listed below under Section E - „What do I need to send back‟ by 29-Apr-2013

.

2. That we have received satisfactory employment references before 06-May-2013 and we‟re happy with them. To make life easier you can use the link in the email to provide us with the details. If you‟re experiencing difficulties accessing the online form, please contact us. Rest assured, we will only contact your referees with your permission. Please also be aware that we are not able to submit applications for any security clearance(s) that may be required until we have received your references.

3. That you have provided the appropriate proof of your right to live and work in the United Kingdom. We have confirmed your entitlement. Please note that CGI reserves the right to terminate your contract of employment without notice if you are, or become, ineligible to work in the UK for any reason.

4. The approval of your security clearance from the Ministry of Defence. Please complete all sections of the Baseline Security Standard application and email these to

[email protected], if you not done so already. This takes approximately 2 weeks to be approved for a UK national or longer if checks are being carried out overseas.

Your employment with CGI is contingent on gaining the required security clearance. For the vast majority of people this is not an issue, however if you have any doubts about your ability to gain clearance then please contact me to discuss further.

5. That you are free to carry out the work offered to you. This means that you will not be breaching the terms of any other contract or obligation that binds you.

B. Protecting Pensions

If you have Enhanced Protection against the Lifetime Allowance tax charge for your combined pension benefits accrued before 6 April 2006, then you must let us know before you start. This is because, subject to our terms and conditions, new employees normally become members of the CGI Registered Group Life Assurance scheme from day one. If you don‟t inform us, you could breach Enhanced Protection and therefore expose any protected funds in excess of the Lifetime Allowance to tax. By letting us know, we can look into the possibility of making alternative arrangements for you.

C. What if I have more than one employer?

As a company we have obligations under the Working Time Regulations 1998. That‟s why we need you to agree that, in accepting this offer, you don‟t work for another employer. However, if you‟re working for us as a contractor or on a temporary basis then you may well work for

Page 3 of 10

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

cgi.com cgi.com

other companies too. If this is the case, you‟ll need to let us know the number of hours per week you work for each employer.

D. What’s next?

As previously mentioned, you‟ll now need to sign, date and return all the documents listed in Section E below. Please make sure we receive everything within 7 days of the date of this letter, unless we‟ve both agreed a different date.

This offer is to be taken as a whole. Please do not cross out or modify anything, if you do we have to assume that you have not accepted the offer.

Once you start, you‟ll have access to our intranet where you will find useful information, such as full details of our benefits and policies. You‟ll also be able to log-in to our HR Website where you can find everything online.

As we said, as soon as we receive your acceptance we‟ll be in touch to explain what happens next. In the meantime, if you have any queries, please do get in touch on +44 7980 777625 or by email to [email protected]

E. What do I need to send back?

Please make sure you return the following via email to

[email protected] :

All pages of your acceptance of offer and terms and conditions signed at the relevant sections

Either your P45, which you can send back to:

Lisa Jennett, CGI Recruitment

Keats House, The Office Park

Springfield Drive

Leatherhead KT22 7LP

Or if this is not available please fill in and return the attached P46 PAYE – Notice to new employee form and send back via email

One colour photograph of your face, head and shoulders (passport or similar) via email (ideally jpeg). We require this information strictly on the basis of being able to identify employees. This photograph is for your security pass and so we can add you to our online directory so everyone knows who you are.

Acceptance of Offer

I have read and understood this letter and the attached documents. I accept this offer of employment in accordance with the terms and conditions of employment and the enclosed documents.

Signed: _________________________________Date: ______________________

Page 4 of 10

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

cgi.com cgi.com

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‟ profit participation plan. This will allow you to receive a target incentive of 2% subject to business and individual performance. CGI‟ 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‟ Smart Working Policy.

9. Your working hours.

Your normal working hours will be 37.5 hours per week during CGI‟ 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‟ 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

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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

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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 involved during the 12 month period immediately prior to the Termination Date; and

"Listed Competitor" means

(1) Competing Business which appears on the list below, which list may be amended from time to time as notified to you in writing (including email) by CGI;

(2) the Listed Competitors are: Accenture

Groupe Steria

Sopra Group

Atos Origin

Hewlett Packard Enterprise Services

Tata Consultancy Services

Capgemini

IBM

Tieto

CSC

Indra Sistemas

Unisys

Fujitsu

Infosys

Wipro

Ben Jones :

there does not appear to be a specific notice period clause so once you start working for them, assuming you are not asked to sign a contract that changes the above, you can leave at any time by giving one week's notice

JACUSTOMER-v0hyerts- :

I think it is on page 3

Ben Jones :

no, i cannot see anything there

JACUSTOMER-v0hyerts- :

You agree that you will not, without CGI‟s 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 involved during the 12 month period immediatel

Ben Jones :

that is to do with restrictions following your termination it does not deal with the actual notice period you have to give to leave

JACUSTOMER-v0hyerts- :

oh I c

Ben Jones :

so the answer is that in the absence of a specific notice period you can leave with a week's notice

JACUSTOMER-v0hyerts- :

sorry

JACUSTOMER-v0hyerts- :

I think I sent you the wrong article

JACUSTOMER-v0hyerts- :

please read this one:

JACUSTOMER-v0hyerts- :

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

Ben Jones :

ok that changes things and you are expected to give them a month;s notice I'm afraid

Ben Jones :

you can leave with a shorter notice but you will be in breach of contract, although it is very rare that employers would do anything about that

JACUSTOMER-v0hyerts- :

ok

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

JACUSTOMER-v0hyerts- :

sure

JACUSTOMER-v0hyerts- :

The company may decide to sue me

Ben Jones :

they may do but it is highly unlikely, i have never seen it being done

JACUSTOMER-v0hyerts- :

okies

JACUSTOMER-v0hyerts- :

thanks for your help

Ben Jones :

all the best

JACUSTOMER-v0hyerts- :

but what are the implications?

JACUSTOMER-v0hyerts- :

like if am sued

JACUSTOMER-v0hyerts- :

will I pay?

JACUSTOMER-v0hyerts- :

or be forced to work there

Ben Jones :

compensation for losses they have incurred from you leaving early...they cannot force you to stay there

Ben Jones :

but employers would only really sue you if you are a very high paid executive where the potential losses are large, not in your case

JACUSTOMER-v0hyerts- :

and roughly how much is that?

Ben Jones :

it varies from one case to the other, there is certainly no ball park figure

JACUSTOMER-v0hyerts- :

ok

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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