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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48165
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, Were in the middle of a big reshuffle at work and I

Resolved Question:

Hi,

We're in the middle of a big reshuffle at work and I am currently in a 45 day consultation period. It is likely I will be offered another role within my current company and if so I am obliged to take it. However I have been offered a role externally and they want me to start asap. My contract states I need to give 3 months notice but I'm wondering if the 3 months still stands given in theory I could be told I'm no longer needed in a few weeks time?

Thanks for your help.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Have they offered you atrial period in the ew role

Customer:

No, I would be required to sign a new contract, even though it would essentially be a continuation of my current contract

Ben Jones :

thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

Thanks!

Ben Jones :

Many thanks for your patience. If there is a written contract in place and it contains a specific clause detailing the notice period an employee is supposed to give if they wanted to leave their employment, they will be contractually bound by it. This would still be the case even if you were to be made redundant in the very near future. If that was to happen then the employer would still have to give you your notice period, although if the contract allows it they could terminate your employment immediately and pay you in lieu of notice instead.


 


So, if the employee fails to honour their contractual notice period then they will be acting in breach of contract. The employer then has the option of suing the employee to seek compensation for damages resulting from their breach. However, in reality such claims are very rarely made. This is mainly due to the costs and time involved, also the relatively small damages that can be recovered. So 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 likely outcome is that the employer refuses to provide a reference in the future or if they do, it could mention that the employee had breached their contract.


 


It is therefore best to try and negotiate a mutually acceptable notice period that would suit both parties. You may even find that the employer is happy for you to leave earlier than planned as it would save them the potential time and effort in including you in further consultation meetings and dealing with your redundancy. However, if that is not possible and there is a pressing need to leave early, that is still a possibility, subject to the risks identified above.

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