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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47354
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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my present employer wants me to give 3 months notice. my new

Resolved Question:

my present employer wants me to give 3 months notice. my new employer wants me to start in 1 month where do i stand with this? what if i just left. what can my present employer do about it?

Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me the notice period required in your contract of employment please.

Customer:

3 months

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you.

Ben Jones :

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. Therefore, if the employee fails to honour this 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. Another option is if they have a specific clause in your contract allowing them to do so, they can withhold some of your final wages to cover any losses they have suffered, so check the specific wording of your contract to see if that is a potential issue.

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 early, that is still a possibility, subject to the risks identified above.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

thank you for that

Customer:

what about my p45 can they hold on to that until 3 months are up?

Ben Jones :

They could try and withhold it indefinitely, even though they should not, the thing is you cannot force them to issue it. If that happens and they delay sending it to you, you can contact HMRC directly to advise them and they can issue you with one, or a statement you can take to your new employer.

Hopefully this answers your follow up query?

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones and other Employment Law Specialists are ready to help you

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