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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47383
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am leaving my employer and want to clarify my notice period. I

Resolved Question:

I am leaving my employer and want to clarify my notice period.
I am in my probationary period but have not yet signed the contract.
I am a deputy manager in a nursing home, but was previously employed by them as a nurse with one months notice.
My new contract says I need to give 2 months notice, but it also says that they will pay me £100 per month bonus which I have not received.
As they are not honouring their side of the contract, do I have to honour mine?
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.

Ben Jones :

How long have you worked there for?

Customer:

As a nurse for a year, but as deputy manager, with the contract I didn't sign, 5 months

Ben Jones :

How much notice do you wish to give them?

Customer:

one month

Ben Jones :

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. Therefore, if the employee fails to honour this notice period then they will be acting in breach of contract. The fact you have not signed the contract would not mean t is not valid, especially if you had decided to work under its terms and had adhered to the remaining clauses in there.


 


There are however circumstances when an employee may be entitled to leave with immediate effect and without honouring their notice period. This occurs when an employer has committed a serious breach of contract first. The whole contract, including the notice periods, then becomes immediately void and the employee would be treated as being 'constructively dismissed'. So if there are reasons to believe the employer has acted in breach of contract, such as by not honouring the bonus payments you are contractually due, this reason can be relied on in order to leave with immediate effect.


 


So if you wish to leave after a month, then you may wish to delay handing in your notice now and wait once the month is up, then leaving with immediate effect citing constructive dismissal. Alternatively you may wish to try and negotiate a shorter notice period, using their breach as a negotiating tool.

Customer:

Thanks. I will try the latter, with using their breach to negotiate.

Ben Jones :

you are most welcome, all the best

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