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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My partner had been employed for a number of years in Lincolnshire.

Resolved Question:

My partner had been employed for a number of years in Lincolnshire. She handed in her notice of one month prior to moving to aberdeen. just prior to handing in her notice she had an interview with the same company for a position in aberdeen. because her supervisors in humberside didnt support her application they made her serve her notice period. On arrival in aberdeen she was offered the new position (a part time one)and her new contract said she had continuation of service but she didnt sign and return it. After one week she handed in her notice and spoke with her supervisor letting him know she wasnt happy and would be leaving. he was keen to keep her on and after a week or so had arranged a new position on a part time basis and so she said she would give it a try. After one week she wasnt happy and the following week she called in sick. Which brings us to this week, she is due in tomorrow and her employer has emailed her and said they expect het to serve her notice as per the contract that she hasnt signed. She is very upset and does not want to return. Advice please .
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

What notice period is actually due under the (unsigned) contract.

Customer:

Well because they are saying that its a contiuation of emplyemnt then one month, but she already completed one months notice of the job in lincolnshire.

taratill :

Hi is the employer likely to suffer a financial loss if she does not work a month's notice?

Customer:

wouldnt have thought so because its a part time trainers position she is in just now and is not yet trained to do it - she is still training for it herself

taratill :

Ok in that case there is nothing they can do about it even in the event there were able to argue that she is obliged to give the notice, which they may struggle with on the basis of what you say.

taratill :

this is because even if there is a technical breach of contract the only thing the employer can do is sue for damages in breach of the contract.

taratill :

Unless there is a financial loss to the employer there is simply no recourse for them.

Customer:

So what do you advice she does given that they are expecting her in tomorrow

taratill :

I would suggest that she phones them to say that she does not believe that contractually she is obliged to give the notice given that she has a) already given notice and b) not accepted the new contract by signing it.

taratill :

She should say that, in any event, she can give notice with immediate effect and that she does not intend to return to work.

taratill :

As I said there will be no action that they can take so she need not worry.

Customer:

Could they argue that by her submission of the latter serving of notice by her is recognition that she accepted the contract by default ?

taratill :

The only potential adverse affect may be on a reference.

taratill :

Hi they may try to argue that but, as I said, it makes no difference to the practical position. This is because there is no action they can take even if they can show a breach of contract due to the fact that they will not suffer a loss.

Customer:

what does she do about getting her p45, can they with hold it for a period ?

taratill :

No she is entitled to receive it. If she does not it won't affect her if she gets another job as a new employer can simply issue a P60.

Customer:

You mention that she should phone them, would that be better served in an email ?

taratill :

It makes no practical difference. If she will find it easier to email then that is also fine.

Customer:

Is there anything else that you think we should know / be aware of ?

taratill :

No the most common breach of contract is a failure to serve notice. It only becomes a problem if the employer will suffer a loss as a result. In your partner's situation there really is nothing to worry about.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best to your partner for the future.

Customer:

Thats great news, she feels a bit better now about it, many thanks for your assistance.

taratill :

No problem and I do wish her the best for the future. I would be very grateful if you would take the time to rate my answer. Many thanks

Customer:

Certainly will jenny, many thanks again.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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