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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 daughter is to be summoned tomorrow to be told if she has

Resolved Question:

My daughter is to be summoned tomorrow to be told if she has been promoted. However as the company has kept her waiting 6 weeks for the outcome she has decided to hand in her notice on the 24th November and take up an offer abroad leaving in December. The problem is, she wants the promotion on her CV, but on acceptance is required to give three months notice. If she signs and accepts the promotion and tells them afterwards of her plans and the fact she is unable to commit to the three months notice is she liable? Moreover is she legally entitled to request a one month notice clause.
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. Do you mean she will be effectively required to give 3 months notice in her current role before the promotion starts?

Customer:

Hi,

Customer:

5th line down in my question, if she accepts the promotion she must give 3 months notice if she is to leave. However she's accepted the job abroad and so can only give one month notice

taratill :

Ok I was unsure whether you meant that there would be a 3 month delay before the promotion but I think you mean that the promotiion will happen straight away but she only wants to give her current one month's notice not the 3 month's notice required after the promotion? Is this correct?

Customer:

yes

taratill :

If that is the position then there is nothing to stop her, after accepting the position, from her asking for a reduced notice period and simply leaving after a months notice if she chooses to do so. Whilst this is a technical breach of contract there will be little that the employer can do about it in practice unless the posiiton is particularly difficult to fill and the employer can deomonstrate a real financial loss as a result of the decision. This is in practice very unlikely.

taratill :

The only real possible issue will be that the employer will be allowed to mention that your daughter has left in breach of contract (the notice provision). if they chose. This may, or may not present your daughter with a problem.

taratill :

If you have any further questions about this please do ask.

Customer:

what sort of problems? Do you mean with a new employer and the breach in length of notice worked?

taratill :

Yes, a prospective employer may have an issue with that, however it is unlikely as (as I mentioned before) it is a common occurance.

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 to your daughter in her new job abroad.

Customer:

If we need to ask a further question tomorrow after my daughter has been summoned and assuming she gets the promotion, would that be permissible? If not then thank you.

Customer:

or do all questions need to be submitted toady? This is the first time l have used this service.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and 2 other Employment Law Specialists are ready to help you
Expert:  taratill replied 2 years ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Customer: replied 2 years ago.

As your reply states our chat has ended,does that mean l will be charged again should l come back with any further questions regarding this matter.

Expert:  taratill replied 2 years ago.
Hello sorry for the delay I had to go offline. At the moment you have not yet rated my answer so I have not received any payment, although the site may have taken a deposit.
Once you rate my answer I will be happy to answer any further questions you may have without further charge provided they 'follow on' from the original question and are not on a new topic.
I would therefore be grateful if you would now take the time to rate my original question. Many thanks.

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