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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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Notice period problem

Customer Question

Hi anyone, I currently work in Afghanistan for a UK company as a contractor and have been offered a position in Kosovo. Now my current company wish me to give them 3 months notice and it is in my years contract (quoting Employments Rights Act 1996), but unfortunately the new company want me to start in December. How do I stand on that? I also note that they do not pay national insurance or anything for me despite them being a British company and myself being British, could that be used as a leverage to let me go before their 3 month notice requirement? In addition, on my contract, they state that the contract is linked to the contract that my company has with another company and they have stated "Should EADS (the company they have a contract with) terminate their contract with Shape Services (the company I work for) you will only receive 30 days notice". Actually I have now attached the contract to this message now.

Attachment: 2014-11-19_074722_contracttonycaban_13-14.pdf

Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
Customer:

Hello my name is ***** ***** I am happy to help you today. Has the employer lost the contract and are you relying on them to fund your repatriation and other expenses at the end of the notice period/

JACUSTOMER-9sgj6sk3- :

The contract they have could be ended soon. Cassidian (the company my company has the contract with) have been given notice that their contract will end on the 31st November. However they have also been told that they will probably get an extension for 6 months after that. My company Shape Services have not been told any of this as yet as Cassidian are expecting the extension.

JACUSTOMER-9sgj6sk3- :

I am not relying on them to fund anything apart from getting me back to the UK.

Customer:

but that would normally be at the end of the notice period? Can you tell me if they are likely to suffer a financial loss if you fail to work the notice?

JACUSTOMER-9sgj6sk3- :

Yes, but I am also scheduled to go on leave on the 23rd of November and they also sort that flight out. When I go on leave, they bring my cover out for the period of my leave which is 3 weeks. The cover is also used should I be injured, killed, go sick or have a compassionate and is able to cover any notice period. I suppose anyone new will have to be trained up by Cassidian, but I am not sure if that is at the cost of Shape Services.

Customer:

Ok have you asked them if they will agree short notice?

JACUSTOMER-9sgj6sk3- :

I did ask but they said it was impossible (even though they have been advertising my job before I handed my notice in). Then they sent me an email stating that if I wanted to leave I needed to submit it in writing giving 30 days notice, I believe this was a mistake but I submitted it in writing giving them 30 days notice as per the email and they replied bringing my attention to the 60 day notice period in the contract.

Customer:

Can the new employer not wait for you to start?

JACUSTOMER-9sgj6sk3- :

Well they indicated they could but they would prefer me to get there as soon as possible as there is a lot to sort out, and how many employers are going to wait 3 months for someone

Customer:

Ok well if you leave before the end of the notice period you are in breach of contract and this means that technically you can be sued for damages in breach which could be the cost of an emergency replacement minus the amount you would earn. Obviously if you leave early they may also refuse to pay your repatriation costs. If the new employer wants you to start before the end of the notice period they may be prepared to meet some or all of the costs. New employers will be aware of notice obligations so they should either be prepared to wait or to assist you if you do leave early.

Customer:

You may be able to defend a potential claim in breach of contract on the basis of the fact you relied on their initial letter which stated one month and you accepted a position on that basis. I would suggest you say that to them in the first instance and then they may back down with out a fight.

Customer:

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.

JACUSTOMER-9sgj6sk3- :

Ok understood. So that contract that I have attached is a valid contract as well

Customer:

yes

JACUSTOMER-9sgj6sk3- :

Ok, thanks very much

Customer:

No problem

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
Customer: replied 2 years ago.

Sorry, forgot to ask this regarding the contract and possible leverage to getting out sooner. The company I work for is a UK company and I am a UK citizen. Now they do not (and never have) paid any national insurence etc. I am not registered as a company or anything like that, so they employ me directly. However, they do want us to invoice them with our paid amount. Is it possible I can say to them that they need to pay my national insurance for the past few years?

Expert:  taratill replied 2 years ago.
Hello, this is a complicated question. If you were liable to pay NI for the period then your employer should pay it. In the first instance speak to HMRC about whether you are liable to pay NI for the period and if you are as the employer is UK based then they should have made the contributions. This is a little bit out of my area of expertise as it is more tax than employment law based but HMRC should be able to resolve it for you. Many thanks
Customer: replied 2 years ago.

Thanks for the answers, its much appreciated.

Expert:  taratill replied 2 years ago.
No problem all the best.

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