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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44924
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have just been on my new job for 2 weeks in NHS and wants

Customer Question

Hi, I have just been on my new job for 2 weeks in NHS and wants to leave. I gave notice today and told them that since I've only been employed for 2 weeks, my last day of employment is this friday 13th of September. they told me that according to my contract, I need to give 6 weeks notice. I did not know that until today though I know my ignorance of it is not an excuse since they sent the contract to me via email before but misinterpreted it regarding giving notice. I have not received any salary yet from them. Can I leave with just 1 week notice? what could be the implications if I do?
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 assist you with your question today.

Ben Jones :

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there? Is it just two weeks exactly?

JACUSTOMER-56ohf6sx- :

yes. I started 27th of August. still on orientation and has not received any salary yet.

Expert:  Ben Jones replied 3 years ago.
Thank you for your patience. 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. It is however highly unlikely that the NHS will be pursuing any legal action against you in the circumstances so I would not be worrying too much about that.

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much
Customer: replied 3 years ago.
Can they ban me from working within the NHS? Will they be able to not give me any salary if I will not give the 6 weeks ? Can my future employer find out that I've worked with them even if I won't put it on my history of employment?
Expert:  Ben Jones replied 3 years ago.
They possibly can bannyou but not sure they would go that far. They must pay you for any time already worked but obviously will not pay you for time you have not worked as part of your notice period. Any future employer could find out about them from your P45 as they will be mentioned on there as your last employer.
Customer: replied 3 years ago.
is the contract still valid if i haven't signed it yet? They just sent me the contract via e-mail. I'm still waiting for the hard copy from them.
Expert:  Ben Jones replied 3 years ago.
a contract can be valid if it is unsigned as long as it was clear that you were aware of its terms and had started working under them. So for example if you were given the contract at the start of your job and started in the job without challenging the contract and its terms, it can certainly be implied that it was accepted and it can be legally binding. However, if you have just been sent the contract for the first time, it is unlikely to be legally binding

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.

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