Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. I see you have approached ACAS, what did they say about this?
They told me they cannot offer me legal advise on this matter
ok, well the fact that the wrong date was entered on the contract does not mean that it would be legally binding as it was written, especially if it can be shown that this was a genuine error and that both parties knew there was a different date that was actually supposed to apply.
As far as the clause itself is concerned, no one can actually physically force you to stay and continue working for the employer until the clause expires. If you want to leave then you may do so at any time. The issue is that you would potentially be acting in breach of contract if you do so and that would enable the employer to consider taking legal action to pursue you for any damages or losses incurred as a result of your breach. They can’t just penalise you or claim for costs that have not been incurred – they must show genuine and direct losses before they can claim. It could be that they have not suffered any or any that have been incurred are simply not high enough to justify taking legal action.
You also have an argument that you could try and use in your defence and that is known as constructive dismissal, where your employer has ac ted in breach of contract first and that has made the whole contract void, including the clause in question, which would allow you to leave without being bound by it. There must be a serious breach by the employer first though, so anything you can show that they have failed to adhere to under the original terms can be used and even if it was not serious enough at least it gives you some ammunition at this stage to argue your way out and hope they take this no further.
Every attempt I made to improve the structure at work in a way that will allow me to concentrate on areas that I was interested in, to ensure that we are more efficient has been delayed or postponed on purpose. I have not been given any appraisal or any performance review for my new job. I was promised a bonus for my performance last year. The job in itself was described to me diffrently and I don't get to touch base with a few aspects of the job that were put in my job description. The only reason evry single idea I suggested has been delayed is because the company has hired a new regional manager who will come and look at the structure himself. That could mean that I can be demoted for what I know.
These are all arguments you can use in your defence but to be honest they would only become relevant if the employer decides to make a claim against you and you then have to defend yourself and justify your actions
ok. I don't think he will waist his time to take me to court, because he is not going to suffer financilay if I go. I just wanted to know weather I could use all these points as a good reason for my resignation and to create the diea that I have a strong case should he decide to take me to court.
yes certainly - the key is did he breach the contract first and make it void as a result - if so, then the whole contract becomes invalid and takes away the remaining terms with it
so I have to find a way to prove that he was in breach of contract. all the arguments that I raised above. Would they stand as reasons for him to be in breach of contract?
they certainly could, whilst only a court can decide that, I have seen similar things stand up in the past #
I hope I don't go to court as it would be a hassle. I just want to ensure that in their eyes I have a strong reason to go that can potentially get them in toruble if they take me to court.
no one wants to go to court so I hope the employer would not do this either, he may threaten you as much as he wants but that means nothing until he has sued you and won
the fact that he is hiring a far more qualified manager..who I my absence can manage the business is proof that he is not going to suffer financially. I have a succesion plan in place and based on his malicious claim that I am not worth the money I am assuming I will be saving him money rather than loose him any.
well I can't say whether that would happen or not as you can appreciate but he must be able to justify any losses he wishes to claim for so he needs to prove losses were suffered and he was unable to mitigate these
Am I bound in any legal way to tell my cureent employer about my new employer. I am assuming he will want to know where I'm moving.
No you are not, that is your own business
I want to leave in friendly terms and that was what I advised my employer on the 7th of April. If I need further assistance with this matter along the way. What is the best way to contact you?
you can start any new question with 'for Ben Jones' and it will get to me, I am on most days
You are welcome, all the best for now