Employment Lawyers Can Answer Your Employment Law Questions
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?
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
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?
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.
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.
If you have any further questions about this please do ask.
what sort of problems? Do you mean with a new employer and the breach in length of notice worked?
Yes, a prospective employer may have an issue with that, however it is unlikely as (as I mentioned before) it is a common occurance.
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.
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.
or do all questions need to be submitted toady? This is the first time l have used this service.
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.