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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I'm changing jobs, from an employed position to self employed

Resolved Question:

I'm changing jobs, from an employed position to self employed contract work.
I resigned last Friday, and I'm supposed to work a months notice. Working there has been very unpleasant, and my doctor has signed me off for my notice period. I've asked my current company to release me immediately, and I'm waiting to hear back from them.
The people I'm going to be contracting for would like me to start next Tuesday.
If my current company won't release me, and I use the signing off notice, what could be the implications if I started working (on a self employed, contract, basis) for the new company next week?
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. Is your employer likely to suffer a financial loss if you fail to work your notice?

Customer:

That's hard to quantify. I'm in technical sales, long term projects, but I've only been there for 5 months. One large order is about to placed but a colleague is already fully involved with it.

taratill :

will you be taking any of their customers /clients to your new self employed position?

Customer:

No, I'm going to an entirely new industry, with no contact with anyone I've worked with before.

Customer:

The MD can be quite volatile, though. Finds it extraordinary that anyone would want to leave his company.

taratill :

If the employer is not going to suffer a financial loss then there is nothing they can do if you fail to work your notice. You will not be entitled to SSP for the period if you work somewhere else though. The only action the employer could possibly take would be in breach of contract. They could only sue you for actual financial losses arising from the breach. On the basis of what you say there will not be any.

taratill :

They can , of course, refer to this in any reference request.

taratill :

If you have any further questions about this 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.

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